New protection of state laws draws criticism - Business Courier of Cincinnati:

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A May 20 memo from Obama also directed agencies to review regulationsw issued during the past 10 years to see if theycontaines pre-emptions that are not justified. If they do, agencies shoulc consider amendingthe regulations, the memo stated. “Pre-emption of state law by executivd departments and agencies should be undertake n only with full consideration of the legitimate prerogativesw of the states and with a sufficient legal basisafor pre-emption,” the memo states. During the Bush agencies sometimesincluded pre-emption language in the preamblews of regulations.
Obama’s policy against federal pre-emptio n of state laws will result in more lawsuitaagainst businesses, particularly in producf liability, according to the and the . “Manufacturer sell products into anational market, and a singler … standard helps ensure predictablee treatment in the courts,” said NAM Vice Presidentt Rosario Palmieri. “It’s unwise to replacer a regulatory system based on objectivw science and agency experts witha 50-statd patchwork of often arbitrary jury decisions.” Lisa president of the U.S. Cham­ber Institutde for Legal Reform, said the memo was a gift to lawyers.
“Removing pre-emption runs completely counter to the goal of stabilizinv the economy and growingjobs – exceprt for those in the lawsuit Rickard said. The , formerlyu the , praised Obama’s memo. It “makeas clear that the rule of law will once again prevaio over the ruleof politics,” said association President Les “The memo overturned actions … to reinterpret congressional legislation and underminr the constitutional system of checks and balances.
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