There was a victory for federalism yesterday. Private parties can challenge federal statutes that violate states’ rights.
The United States Supreme Court in Bond v. United States held “Bond [plaintiff] has standing to challenge the federal statute on grounds that the measure interferes with the powers reserved to States.” According to the Court, in this 9-0 opinion:
to argue that the National Government has interfered with state sovereignty in violation of the Tenth Amendment is to assert the legal rights and interests of States and States alone. That, however, is not so. … Bond seeks to vindicate her own constitutional interests. The individual, in a proper case, can assert injury from governmental action taken in excess of the authority that federalism defines. Her rights in this regard do not belong to a State.
HT: Mr. Jon Sanders