NEW-YORK UNITED-STATES - THE COURT SOUNDS A RETURN TO THE BATTLE SCENE

This Note analyzes the United States Supreme Court's decision in New York v. United States. In New York, the Court invalidated a provision of the Low-Level Radioactive Waste Policy Amendments Act of 1985 because it violated the principles of federalism inherent in the Tenth Amendment. New York represents a shift in the way the Court views its role in protecting states from federal encroachment. This Note argues that New York's move toward mom active judicial protection for state sovereignty is incomplete and confusing in light of precedent-only partially distinguished by Court-which suggests that judicial protection is both unneeded and unworkable.