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

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A May 20 memo from Obama also directede agencies to review regulations issued during the past 10 years to see if theycontainee pre-emptions that are not justified. If they do, agenciezs should consider amendingthe regulations, the memo stated. “Pre-emption of statew law by executive departments and agencies should be undertaken only with full consideration of the legitimate prerogatives of the statesd and with a sufficien t legal basisfor pre-emption,” the memo During the Bush administration, agencies sometimes included pre-emption language in the preamblew of regulations.
Obama’s policu against federal pre-emption of state laws will resulty in more lawsuitsagainst businesses, particularlyy in product liability, accordinbg to the and the . “Manufacturers sell productss into anational market, and a singlse … standard helps ensure predictable treatment in the courts,” said NAM Vice President Rosario Palmieri. “It’s unwise to replacew a regulatory system bases on objective science and agency experts witha 50-state patchworjk of often arbitrary jury Lisa Rickard, president of the U.S. Cham­betr Institute for Legal Reform, said the memo was a gift to lawyers.
“Removing pre-emption runs completely countefr to the goal of stabilizing the economy and growing jobs – except for those in the lawsuitf business,” Rickard said. The , formerlgy the , praised Obama’s memo. It “makes clear that the rule of law will once agaib prevail over the ruleof politics,” said associatiomn President Les Weisbrod. “The memo overturned actionsd … to reinterpret congressional legislation and undermine the constitutionak system of checksand balances.
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