Pay for Success Financing: Diffusion Dynamics in the U.S.

The "Lone Dissenter"

“…A little over a century later, there can be no doubt that we have an indestructible Union, but the Court's opinion in this case is the latest in a series of decisions which casts some doubt upon whether those States are indeed "indestructible." 3 Barely a year later, he was writing for a majority of the Court in National League of Cities v. Usery, 4 which overruled Wirtz. The pendulum has swung back and forth in the years since-Usery was itself overruled nine years later in Garcia v. San Antonio Metropolitan Transit Authority, 5 -but the debate was ignited by a sole dissent from the junior Justice in the October 1974 Term.…”