[9YearLurker]

I’m not sure I’m with you here. If I understand correctly, Kavanaugh’s position here represents a limit on the power of individual states.

[Sopater]

Kavanaugh’s position here represents a limit on the power of individual states.

Where, specifically, is such power delegated to the federal government to limit the power of the individual states?

[The Pack Knight]

I’m not sure I’m with you here. If I understand correctly, Kavanaugh’s position here represents a limit on the power of individual states.

He didn't really take any position other than to vote for the Supreme Court to decline to hear the case, which the Supreme Court does 98% of the time.

That said, the effect is not so much to limit the power of individual states as to expand the ability of private citizens to sue the officials of those states under federal civil rights law. The article is quite misleading about the actual issue in the case.