Constitutional Remedies in Federalism’s Forgotten Shadow

“[F]ollowing our decision in Erie R. Co. v. Tompkins, 304 U.S. 64 (1938), federal courts are generally no longer permitted to promulgate new federal common law causes of action . . . .” “When a party seeks to assert an implied cause of action under the Constitution itself . . . separation-of-powers principles are or should be central to the analysis. The…