# New York v. United States **Status: stub — expand.** **Decided June 19, 1992 · 6–3 · O'Connor, J.** The first modern anti-commandeering holding. The Low-Level Radioactive Waste Policy Amendments Act pushed states toward disposal arrangements with three incentives. The Court upheld the monetary incentives and the access restrictions — conditional spending and conditional preemption are permissible — but struck the **take-title provision**, which forced a non-complying state either to take ownership of the waste and its liabilities or to regulate according to congressional direction. "The Federal Government may not compel the States to enact or administer a federal regulatory program." Offering a state a choice between two unconstitutional coercions is no choice at all. O'Connor's accountability rationale is the durable part: when Congress compels a state to legislate, voters blame state officials for a decision Washington made, and the electoral check on both fails. Extended to state executive officers in [[Printz v. United States]] (1997) and to repeal-prohibitions in [[Murphy v. NCAA]] (2018). ## See also - [[Anti-Commandeering Doctrine]] · [[Tenth Amendment]] · [[Federalism Powers Crosswalk]]