The State of American Federalism 2023–2024: Judicialization of Gridlocked Politics.

This article examines the contemporary dynamics of American federalism, emphasizing the increasing centralization of power in the federal judiciary amid congressional gridlock and the administrative presidency. It highlights how courts, particularly the U.S. Supreme Court, have become pivotal arbiters in the federal–state balance of power, often devolving authority to states on issues such as abortion, voting rights, education, environmental regulation, immigration, and individual rights. The judicialization of federalism—where political actors use litigation to advance policy goals—has intensified political polarization and raised concerns about judicial legitimacy, especially following landmark rulings like Dobbs v. Jackson Women’s Health Organization. Concurrently, state governments have emerged as primary policy battlegrounds, with state courts and legislatures playing critical roles amid national legislative dysfunction, shaping electoral outcomes and public policy across diverse issue areas.