Pre-emption Chumption

Following up on President Obama’s memorandum to Executive Branch agencies to reject the principle of pre-emption, some reporting and commentary (and earlier posts here and here).

Rosario Palmieri, National Association of Manufacturers (NAM) Vice President for Infrastructure, Legal and Regulatory Policy, commented:

The President’s May 20 memorandum to executive branch agencies instructing them to reject the principle of federal pre-emption is troubling. Manufacturers sell products into a national market, and a single, national regulatory standard helps ensure predictable treatment in the courts. It’s unwise to replace a regulatory system based on objective science and agency experts with a 50-state patchwork of often arbitrary jury decisions.

The President’s memo undermines these principles. The litigation industry is thrilled at the prospect of bringing more lawsuits and finding venues where frivolous suits stand a better chance of success. But there’s nothing in the President’s memo that helps create jobs or stimulates the economy.

The manufacturing sector continues to face hard times during this recession. The President’s new regulatory principles do nothing to make those times any easier.

The Blog of Legal Times took note. Earlier BLT post here.

The Wall Street Journal’s Law blog is awash in irony in its coverage, “On Preemption, the Left and the Right Enter Bizarro World.”

Washington Post news story, “Obama Curtails Bush’s Policy of ‘Preemption‘”Their allies Public Citizen are gratified, “Obama memo on pre-emption is good for consumers.”

The usual celebrators of regulation at OMBWatch are surprisingly restrained in their praise, “Obama Issues Memo on Preemption Practices.”

We’re still marveling at the chumption — that’s chutzpah and gumption, and somebody’s a chump — of the White House celebrating national standards on Tuesday for vehicle emissions and then condemning them on Wednesday for regulation of commerce.

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