Marci Hamilton suggests, "yes," in this column:
The truth is that federalism is neither left nor right politically; rather, it is a politically neutral structural principle embedded in our Constitution. Many law professors - such as Reva Siegel and Robert Post -- have claimed that federalism is inherently a political tool for the right and, even more indefensibly, that the Supreme Court's federalism jurisprudence is judicial activism gone wild. Apparently, they reached this conclusion because conservative Justices pioneered the recent federalism revival. (The pro-federalism Justices include Chief Justice Rehnquist, Justice O'Connor, Justice Scalia, Justice Kennedy, and Justice Thomas.)
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