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Criminal Procedure

William & Mary Law School

William & Mary Bill of Rights Journal

2022

Privileges & immunities (Law)

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Full-Text Articles in Law

Solidifying Supremacy Clause Immunity, Leslie A. Gardner, Justin C. Van Orsdol Mar 2022

Solidifying Supremacy Clause Immunity, Leslie A. Gardner, Justin C. Van Orsdol

William & Mary Bill of Rights Journal

States have often taken different approaches to polarizing issues such as the legalization of marijuana, voting rights, and gun safety. Generally, the federal government has stayed out of the fray honoring the concept of the “states as laboratories.” That is, until recently. With increasing debate among political leaders and diverging viewpoints among Department of Justice officials, clashes between federal officers and state governments have increased. But what happens to a federal officer caught in the crossfire, charged by a state prosecutor for breaking state criminal law while attempting to enforce federal law? The answer lies in the doctrine of Supremacy …