News & Politics

States' Rights Flipflop

Conservatives say they're for states' rights -- but corporate rights come first.


If Judge Sonia Sotomayor is confirmed and seated on the Supreme Court, a hot-button issue that may confront her is that of preemption.

The Bush Administration used a doctrine of implied preemption as legal cover to shield corporations from personal injury liabilities and undermine state health, safety and environmental laws. Simply, the Bushies decided they could just enter a clause into a federal regulation, and poof! State laws they didn’t like went bye-bye.

But recently a Supreme Court decision, and more recently an executive order by President Barack Obama, have tempered this federal intrusion into state legislation. And, naturally, some fire-breathin’, states’ rights lovin’, champions-of-individual-liberty conservative think tanks are very unhappy about it.


Barbara O'Brien is the owner/proprietor of The Mahablog. She writes about Buddhism for and and now blogs on behalf of the Mesothelioma and Asbestos Awareness Center on their new mesothelioma blog. She has guest blogged at the Take Back America Conference and for Crooks and Liars.
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