Families and Federalism

This Essay asks: When, as a matter of common sense, experience, and public policy, should family law issues be resolved as a matter of federal, rather than state law? Many political actors confront this question today. Advocates ask Congress to decide whether a federal response to a family law question is desirable, and the Supreme Court, in interpreting the act of Congress, must choose between deference to state discretion and affirmation of federal authority.