Subscribe Subscribe   Find us on Twitter Follow POL on Twitter  



Obama administration rediscovers federal preemption

So let us get this straight: the Obama administration thinks that when it comes to the manufacture of automobiles or pharmaceuticals in interstate commerce, it is critical to permit individual states to impose liability on design or warning-label decisions made on a nationwide basis, even when those standards are inconsistent with federal regulatory standards, but when it comes to individual state legislature decisions about local law enforcement, it is critical to enjoin that action to prevent a "patchwork" of differing state policies. Talk about upside-down federalism.

Update: DOJ press release, complaint, and supporting brief for preliminary injunction.

Related Entries:



Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute

Katherine Lazarski
Press Officer,
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.