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Narrowing the Nation's Power: The Supreme Court Sides with the States, by John T. Noonan Jr. (California, 212 pp., $24.95)
Judge Noonan-a distinguished member of the Federal Court of Appeals for the Ninth Circuit and a professor emeritus of law at Boalt Hall-is on the warpath. His mission is to discredit the Supreme Court's recent decisions in support of federalism and states' rights. Noonan's attack is driven by the deep moral conviction that the Supreme Court has placed technical legal abstractions in the path of the intelligent progressive reforms of the modern welfare state. He thinks that Congress should protect religious freedom against state regulation; ...