The practice of allowing state governments to block local ordinances is called preemption and beyond its anti-democratic implications, preemption has troubling racial overtones.
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"Preemption was about aligning state and local law—making sure there were no inconsistencies," says Kim Haddow, director of the Local Solutions Support Center, a national hub working to counter preemption.
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In recent years, Iowa and Missouri have joined 23 other states in adopting so-called preemption laws, and other states are likely to introduce their own preemption measures in upcoming legislative sessions.
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The FCC could also appeal over the state preemption section.
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For most of American history, preemption law was used differently.
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Counterterrorism became priority number one, specifically preemption of terrorist attacks.
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Legislators and governors in several large states are exploring whether there are ways to get around that preemption, and experimenting with their own approaches to net neutrality, but the FCC's preemption sharply constrains their options.
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State governments are already fighting back against the FCC preemption ruling.
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"This sounds to me like the language of preemption," Kagan said.
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"It's not a slam dunk" despite the preemption clause, Martin said.
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"preemption bills" effectively void or overrule any local laws that might be
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The preemption question is proving to be a sticking point for lawmakers.
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Pat Garofalo, the Republican sponsor of Minnesota's preemption bill, makes a similar argument.
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The 2002 edition codified the George W. Bush administration's new doctrine of preemption.
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This is one of those narrow situations when preemption appears to be appropriate.
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Schakowsky said preemption will be handled toward the end of the legislative process.
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The entire preemption section of the rulemaking is therefore vacated, the court decided.
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Total federal preemption is needed, the argument goes, or the industry will suffer.
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But the Arizona decision also includes relevant language limiting the scope of preemption.
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Without federal preemption, the labyrinth of state restrictions could inhibit realization of these benefits.
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In the past year alone, 19 new preemption laws were passed in different states.
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Local governments tried to sue banks for alleged misdeeds, but again were blocked by preemption.
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Supporters of the preemption language say it's necessary to ensure uniform regulations for the industry.
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"If negotiations fail, he is willing to abandon strategic patience and use preemption," Graham said.
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But on the key issue of federal preemption of state laws, there is no uniformity.
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Ultimately, the court ruled in Tallahassee's favor, but it left the firearms preemption law intact.
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Pushing back against preemption is becoming a theme for an emerging slate of local candidates.
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What would be the most plausible scenario concerning a Trump-ordered preemption against North Korea?
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The constitutional limits are Article I, Section 10 and the doctrine of foreign affairs preemption.
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Nevertheless, some parties are taking to the courts hoping to force preemption through federal lawsuits.
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So you know, rather than just across the board, no preemption, we can look at that.
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MAJOR AUTOMAKERS INTERVENING ON BEHALF OF TRUMP ADMINISTRATION IN CALIFORNIA FIGHT OVER VEHICLE PREEMPTION RULES -- STATEMENT
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Preemption became an even bigger issue after the 2008 collapse of several big banks, including Wachovia.
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We believe federal preemption of our authority is undemocratic and contrary to our country's founding principles.
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Ideally, the legislature would step in and use its preemption authority to simply ban such practices.
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A broad interpretation of preemption could limit state autonomy on many issues going beyond immigration policy.
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"Preemption is by far most important constitutional question related to marijuana legalization right now," Kreit said.
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Illinois' 2013 law curtailed local authority to regulate firearm but it's not explicitly a preemption law.
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And if you're wondering why the FCC is preempting state consumer protection laws in this item without notice, let me help you with a simple jingle that you can easily commit to memory: If it benefits industry, preemption is good; if it benefits consumers, preemption is bad.
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They also claimed the FCC's rule "improperly and unlawfully includes sweeping preemption of state and local laws."
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Meanwhile, in Missouri, a court ruling defending local minimum wage raises from preemption may be short-lived.
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By then, Congress was working on Dodd-Frank, and preemption was a hotly debated area of reform.
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Now the question for him is what are the options available to him under the preemption scenario?
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In March, Iowa became the latest state to pass a preemption bill to block minimum-wage increases.
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Now, thanks to the GOP's preemption bill, things look a lot worse for workers in the state.
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But it is ... We cannot accept anything ... For example, the Republicans would want preemption of state law.
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The preemption of state authority was a key sticking point for Democrats in negotiating toward the legislation.
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Under the legal doctrine of preemption, state law claims are barred if they conflict with federal law.
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The time has come for Congress to affirmatively declare that total federal preemption is the wrong approach.
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The FCC's December order included a preemption clause that prohibited states from enacting their own net neutrality regulation.
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His conclusions on federal preemption and causation, in particular, echo defense arguments in dismissal filings across the country.
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The calls for preemption in Iowa and Missouri fly in the face of longstanding norms in state politics.
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The funds believe corporate bylaws are not a contractual agreement subject to preemption under the Federal Arbitration Act.
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But keeping states in line and on track will prove a challenge even with federal preemption in place.
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The preemption of state legislation by the federal government is one possible tactic to end these protectionist practices.
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"He will now have his hand on the preemption button," said Wilmarth, the George Washington University law professor.
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Preemption became a major tool in ALEC's national strategy to try to limit progressive policies and grassroots movements.
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Local Solutions Support Center, for example, aims to support progressive state legislators in challenging preemption law right away.
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The White House, meanwhile, is among those expressing opposition to the amendment, citing a lack of preemption language.
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Still, the sticking points that sunk the last bill remain the same: forced arbitration, exemptions, and federal preemption.
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A decade later, the Legislature has failed to act on the report and the preemption remains in place.
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The Justice Department argues that Massachusetts is barred from bringing most of its lawsuit because of federal preemption.
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It separates public safety traffic from commercial traffic and provides them an always-on connection with priority and preemption.
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Some of the firms that left in 2018 cited disagreements with the lobbying group over plastic bag preemption laws.
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These preemption bills are a direct response to a massive wave of minimum wage raises, occurring across the country.
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The state's action are technically legal because of preemption law, which basically allows them to overrule local government decisions.
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"This case turns on the fundamental distinction between commandeering and preemption," wrote Principal Deputy Solicitor General Jeffrey B. Wall.
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State preemption was the main reason that major Democrats did not sign onto the legislation until recently, including Sen.
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It would still allow federal preemption of operational laws, unless the FAA hasn't issued a rule on the issue.
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"We knew that the FCC was making a big issue about federal preemption," Fahy, the New York assemblywoman, said.
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But there's precedent for how both anti-choice and pro-choice lawmakers have already managed to dodge state preemption.
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Without federal preemption, the U.S. approach to data privacy may see its changes come from Sacramento rather than Washington.
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In Merck, the Supreme Court built upon the drug labeling preemption base it established in 2009's Wyeth v.
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States like California want to resist federal preemption because they do not like the substance of the federal government's approach.
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The legislation taking shape in both chambers emphasizes some form of preemption as a key part of our federal framework.
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"Preemption cases may seem like abstract discussions of the appropriate balance between states and federal power," Sotomayor wrote in dissent.
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Finding preemption here means that a government is left powerless with no legal process to help its 3.5 million citizens.
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Preemption has been orchestrated by predominantly white, Republican legislatures to roll back local policies that generally benefit communities of color.
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Preemption laws have tended to sneak through state legislatures mostly unnoticed, with bills often passed in a matter of days.
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Michalopoulos also said even if the FCC's preemption rule is upheld, it's likely it wouldn't affect Fahy and company's legislation.
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But Fahy says that her bill gets around the preemption since it doesn't lay out rules for internet service providers.
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No preemption of state law Federal privacy law should set a baseline standard and allow states to enact stricter safeguards.
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To a society that focuses on passive detect-and-block cyber security, preemption might sound like a good but unrealistic idea.
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A court had previously ruled that the FCC's preemption language had no authority over state's rights to implement their own legislation.
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The law's primary sponsor told Ars Technica this week that "the FCC doesn't have preemption authority just because it says so."
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That could be a challenge to some of these proposals, but critics of the FCC have doubts that preemption is allowed.
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You also have preemption, the possibility of a preemptive attack on North Korean missile launch pads or on their missiles themselves.
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Citing the need for uniformity across the state to reduce complexity for businesses, 25 states have passed minimum wage preemption bills.
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Preemption is being used as a tool by politicians to advance an agenda that permanently disempowers people of color and immigrants.
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Of the dozens of amendments that have been filed to the FAA measure, at least two address the drone preemption language.
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" Bremmer added that it's hard to see the U.S. "credibly threatening military preemption when peace is breaking out across the peninsula.
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In his testimony, he argued against federal preemption of state laws and for preventing companies from forcing consumers into arbitration hearings.
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The Bush administration's first National Security Strategy made only fleeting references to Iran — deploying its "rogue regimes" and WMD preemption dogma.
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This has led to "various acts of preemption and retaliation," including Erdogan's order to close of Turkey's socially liberal Gülenist schools.
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Thanks in part to an NRA-supported push beginning in the 1980s, more than 42 states have enacted broad firearm preemption laws.
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Data privacy has become an increasingly urgent topic in Congress, as members tackle difficult issues of consumer data control and federal preemption.
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Senate Democrats have hotly criticized the idea of including a preemption clause, but their colleagues in the House have been less vocal.
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Charter Spectrum recently tried to use this FCC preemption language to dodge a New York state lawsuit over substandard service and speeds.
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In California, organizers collected enough signatures to put a bill to repeal the state's rent control preemption law on the November ballot.
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Judges in the three Roundup cases that have gone to trial against Monsanto all rejected the company's preemption argument, citing this ruling.
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Since 2005, the high court has decided at least three preemption cases in favor of companies, none of which involved the EPA.
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Federal preemption rules prevent drivers and other gig economy workers from forming unions, because under federal law, they are still considered contractors.
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Credible regime change in an Iranian context involves empowerment, recognition, and solidarity with the regime's principal democratic opposition, not preemption or occupation.
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The issue is the constitutional doctrine of "preemption," which holds that when state and federal laws conflict, the federal law takes precedence.
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"If the Commission can explain how a state practice actually undermines the 2018 order, then it can invoke conflict preemption," explains the ruling.
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In fact, when the Supreme Court previously asked the Justice Department to brief a preemption petition by generic drug makers in Pliva v.
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The commission concluded that the OCC's preemption of state laws ended up "preventing adequate protection for borrowers and weakening constraints" on risky mortgages.
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And legislatures in 24 states have passed so-called "preemption bills" to block cities and counties from passing their own minimum-wage hikes.
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For years, Republican-led state legislatures have used preemption bills to block local progressive policies, from minimum wage increases to paid sick leave.
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The final bill stripped out those troublesome clauses to anticipate the inevitable preemption challenge the law will face if Governor Scott signs it.
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In their lawsuit, the Democratic attorneys general have also asked the court to overturn the commission's preemption of states implementing their own rules.
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The power of up-and-coming candidates to challenge preemption lies not just in their party ticket but in their good-government politics.
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MORE's decision to reduce the U.S. footprint abroad, withdrawing U.S. forces from Iraq in 2011, was a reaction to the hangover of preemption.
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But Democrats asked whether the preemption push was aimed at disarming California's tough privacy law, which is set to take effect in 85033.
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The court ruled that the move meant that the FCC has no right to issue a blanket preemption of state net neutrality laws.
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"The Governmental Petitioners challenge the Preemption Directive on the ground that it exceeds the Commission's statutory authority," the judges wrote in the opinion.
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"If the Commission can explain how a state practice actually undermines the 2018 Order, then it can invoke conflict preemption," the judges wrote.
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"The federal government is saying to the states you can't do something — so that sounds to me the language of preemption," she said.
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States have repeatedly enacted consumer protection statutes and promulgated regulations on air ambulances, only to be thwarted by industry arguments of federal preemption.
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But at the same time, the FCC all but clears the field with sweeping preemption of anything that resembles state or local consumer protection.
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First is preemption: the question of whether a federal law should override state laws, which Republicans tend to favor to create consistency for businesses.
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"The beverage industry and their lobbying arm are doing this very similarly to what we saw in the preemption of tobacco control," he said.
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If preemption of EPA regulation and litigation are included as part of a carbon tax deal, oil majors might find that an attractive trade.
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The issue of "preemption" has been a sticking point in the separate and ongoing bipartisan efforts to work up privacy legislation in the Senate.
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"In light of the Bates decision, it's going to be an uphill battle for the company to win on preemption on appeal," Zimmerman said.
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A pretending Kim Jung-Un who had too "successfully" convinced American counterparts of his irrationality could thereby spark an otherwise-avoidable U.S. military preemption.
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For example, he said, at one point the Seoul government had warned about preemption if it detected an attack from the North was imminent.
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Third, federal preemption issues related to drone regulation have been hotly debated in Congress and across the executive branch for the last several years.
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Kreit said it seems unlikely that the Supreme Court will revisit the issue of "preemption" — whether federal drug laws trump state rules — anytime soon.
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In pushing for a new federal law, representatives from each company confirmed that they support the preemption of California's new rules — something that critics oppose.
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Many Democrats may object to the bill handling authority to the FTC or its preemption of state efforts to implement their own internet privacy laws.
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To achieve that uniformity, at a congressional hearing, witnesses from the automotive and tech industries called for federal government preemption of state autonomous vehicle laws.
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With inflation and inflation expectations below target and declining, there would be little case for preemption even if inflation above target was a serious problem.
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Other prominent sticking points in the negotiations have included the Republican push to include preemption, which would allow the federal law to override state laws.
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"Monsanto does not consider either version of the bill, with respect to the effect on preemption, to be a 'gift,' " the spokeswoman, Charla Lord, said.
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Then, instead, American national security could ultimately have to depend upon some presumptively optimal combination of ballistic missile defense and defensive first strikes, or preemption.
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But with the rising tally of states with preemption bills on the books—21 and counting—the accomplishments of this powerful movement are in serious jeopardy.
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" He referred his testimony to the crisis investigators, in which he said the financial crisis was "not caused by federal preemption of state mortgage lending laws.
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This preemption was one of the top asks of the Western States Petroleum Association, a massive trade group for oil companies that lobbied the legislature hard.
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Military preemption, as some hawkish voices have called for, is too dangerous because it invites disastrous retaliation against South Korea and U.S. forces in the region.
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For example, a pretending Kim Jong Un who had too "successfully" convinced American counterparts of his irrationality could thereby spark an otherwise avoidable U.S. military preemption.
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And third, the counterargument to preemption that will inevitably surface will be that the U.S. can effectively deter Pyongyang even if it possesses an ICBM capability.
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"The states created the federal government, not the other way around," said Keith Faber, an Ohio Republican state senator who sponsored the minimum wage preemption law.
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Other state governments, such as Colorado, are trying to find loopholes to enforce net neutrality without creating new state laws in order to survive the federal preemption.
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The second strain is called "obstacle preemption" — and several legal experts believe this is more likely to become the 210-yard line of any big court fight.
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What is clear is that the Alabama preemption law amounts to state-mandated wage suppression by an all-white majority of lawmakers against a majority black city.
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Federal preemption of state laws will be the sticking point to watch as the debate over national privacy rules proceeds in Congress, lawmakers made clear this week.
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Comcast and Verizon asked for this preemption after Congress repealed the FCC's strong broadband privacy rules and some 16 states introduced laws that would protect users' privacy.
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Like many states, the Missouri legislature has a preemption statute on the books, which sharply constrains the extent to which municipalities can regulate firearms on their own.
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The industry got its wish to have federal preemption over state laws, but in return, had to ensure consumers could receive their credit scores at no charge.
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Consumer advocates are particularly concerned about Noreika's frequent reliance on the argument that federal banking laws and OCC regulations trump state laws — a concept known as preemption.
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Friday's ruling by San Francisco Superior Court Judge Teri Jackson marked the latest preemption victory for Boehringer in the thousands of Pradaxa product liability lawsuits it faces.
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According to the Economic Policy Institute (EPI), state preemption laws target five key areas: minimum wage, paid leave, fair work schedules, prevailing wages, and project labor agreements.
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Also, half the American states have already passed laws that specifically rely upon the existing Obama administration definition, which would then be jeopardized by federal preemption issues.
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The effort has been quiet, but nonetheless coordinated and precise: In many states, particularly conservative ones, preemption law has rendered left-leaning local policy-making largely impotent.
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The crucial next step, advocates believe, is to show these disparate movements that they are connected, and that the issue is larger than any one preemption bill.
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But it's also sure to invite a court challenge from the broadband industry for defying the FCC's preemption provision on states passing their own net neutrality laws.
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The first section of the rule, which would formally revoke California's preemption and waiver under the Clean Air Act, could be finalized as early as this week.
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"I hate doing things in Washington, but this is an example where ... you need federal preemption, which means you need to pass major legislation through Congress," Tusk said.
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All told, 32 state legislatures are now fully under Republican control, and GOP lawmakers are currently pushing preemption bills against the minimum wage in Minnesota, Missouri, and Illinois.
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States would be able to more effectively intervene in and regulate their marijuana markets, because they wouldn't be risking preemption lawsuits for getting too involved in the system.
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Republican state legislatures are planning so-called preemption laws, which prevent cities and counties from passing new measures governing everything from taxes to environmental regulations and social issues.
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Preemption bills aren't designed to reduce complexity—they're intended to override the wishes of voters and promote the GOP's business-first ideology, at the expense of working-class Americans.
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Is this an attack by Trump, Rubio and Cruz; a challenge to states' rights; or a use of federal preemption to create an "insurance czar" to regulate insurance companies?
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Much like throwing the first punch at a mugger who is about to lunge at you, preemption is self-defense just ahead of an obvious attempt to do harm.
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The clearest case of preemption in modern history was the 85033 Arab-Israeli war, in which the Israelis attacked enemy forces as they were massing and preparing to move.
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From the particular standpoint of Israeli national security, further encouraging such an allowance would make it increasingly difficult or operationally impossible to mount any residually defensive preemption against Iran.
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Preemption is generally regarded as a "silver bullet defense" because it stops claims across the board, said Adam Zimmerman, a law professor at Loyola Law School in Los Angeles.
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Since the bill has had no process, there are other problems with the way the amendment is constructed that can be fixed if and when real preemption is added.
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Most states, 42 in total, have firearm preemption laws, meaning that local governments are blocked from passing their own laws regulating the sale, manufacture or possession of certain firearms.
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That leaves the most serious legal obstacle to firearm localism: the widespread, and relatively recent, adoption by state legislatures of "preemption" laws that limit or outright forbid municipal gun control.
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But industry leaders are now pushing for a preemption clause in the federal bill that would override the CCPA and prohibit any future state bills like it from being passed.
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"This preemption by the FCC of the allocation of power between a state and its subdivisions requires at least a clear statement in the authorizing federal legislation," the judges said.
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Dan Patrick (R) would prohibit local governments from passing laws relating to bathroom or locker room use, a preemption clause similar to the most controversial element of North Carolina's law.
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But immediately after the wage hike, the Republican state legislature passed a new preemption wage bill that would ban localities from raising the wage above the state's minimum of $215.
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They decried "gun preemption," which blocks municipalities from enacting firearm restrictions that may conflict with state law, and blamed lobbying groups like the National Rifle Association for pushing such policies.
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Political scientists understand that deterrence, containment, preemption, and regime change from within require different circumstances and a soft revolution requires an active and credible partner that can lead the charge.
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She called federal preemption of laws such as East Hampton's "necessary to prevent a patchwork of local restrictions" that hinder national air transport and the development of quieter aviation technology.
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"The City of Seattle has been trying to erode state preemption almost from the moment it was passed back in 1985," Alan Gottlieb, the founder of the Second Amendment Foundation, said.
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Until we have robust preemption, any of the roughly 7,300 state legislators across the country, to say nothing of the countless state bureaucrats, could change the course of self-driving history.
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She found that they were preempted under the doctrine of "impossibility preemption": GSK is bound by state laws, but it is ultimately required to defer to the FDA on drug labeling.
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The FCC's December rule, which rolled back the 2015 Open Internet Order last December, also included a preemption clause that forbid any states from passing their own net neutrality bills into law.
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Preemption: One of the hottest debates on Capitol Hill is whether Congress should override state rules, with Democrats indicating they'd only agree to do so if a national law was appropriately tough.
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And it is not just conservative legislators who are putting businesses first: in Maryland, a Democratic state senator sponsored a preemption bill that would have prohibited future raises in his own county.
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If the companies are able to secure federal preemption of state regulations, it would be a huge win that they say would make it much easier to roll out the technology nationwide.
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Nearly every Republican at the hearing expressed support for a preemption clause, saying it would ensure consumers and companies aren't forced to navigate a "patchwork" of laws that differ state to state.
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This attempt to "create preemption authority out of thin air" was completely unjustified by any law or precedent, the court ruled, and that entire section of the new rules was struck down.
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Nearly every Republican at the hearing expressed support for a preemption clause, saying it would ensure consumers and companies aren't forced to navigate a "patchwork" of laws that differ state to state.
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In recent years, the group has helped promote a spate of preemption laws that block cities from enacting all manner of policies, from raising the local minimum wage to regulating cell towers.
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I think there are pretty technical legal issues that may arise regarding preemption, but I would be very surprised if the New York courts would allow the state claims to be preempted.
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Like any regulation, the new rule would likely face a serious legal challenge — most likely on federal preemption or first amendment grounds — but Balkin has written extensively on how to navigate those challenges.
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As in the case above concerning Samson and Israeli nuclear deterrence, recognizable last-resort nuclear preparations could sometime enhance Israel's preemption options by underscoring a singularly bold national willingness to take existential risks.
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It is no wonder that many companies have come to the privacy table kicking and screaming, forced to abide by a growing patchwork of inconsistent state laws with no federal preemption in place.
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As governor, Pence signed a similar law in Indiana after the right-wing American Legislative Exchange Council (ALEC) made it a priority to push preemption everywhere they could across a broad range of issues.
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In Ohio, Governor John Kasich signed a minimum wage preemption law to block a local minimum wage proposal in Cleveland that would have been placed on the ballot in a special election in 2017.
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In reference to needed strategies of preemption, Israeli preparations for a Samson Option, explicitly recognizable and not just sotto voce, could convince Israel's own leadership that certain defensive first strikes would be net gainful.
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Preemption has been a top priority for the tech industry, which has warned against a "patchwork" of state laws, but Democrats insist they won't approve any law that is weaker than the California one.
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Here, choosing a plan that has nothing to do with the nickname of his own secretary of defense, the American president, following his just-ordered preemption, would deliberately choose a strategy of pretended irrationality.
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Gun rights supporters have often succeeded by thinking two steps ahead: Not just winning particular battles, but establishing favorable terrain on which to fight — and the passage of the preemption laws is a perfect example.
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Previously, lawsuits against Bayer had been repeatedly blocked after the company argued that because of "federal preemption law" Bayer could not be held responsible for injuries related to Essure, since the device is FDA-approved.
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Although 210 states have "preemption laws" that make it hard for cities or towns to pass their own gun regulations, Florida's 228 law seeking to hold local officials liable was the first of its kind.
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Although 43 states have "preemption laws" that make it hard for cities or towns to pass their own gun regulations, Florida's 2011 law seeking to hold local officials liable was the first of its kind.
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While Republicans have been framed as leading the preemption offensive, it was Democratic governors and state houses in Rhode Island and Pennsylvania that blocked local communities of color from establishing their own minimum wage laws.
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Apart from NATO as an alliance, perhaps some allies in Central Europe might individually volunteer, but deploying there would be hugely provocative to Moscow, and their proximity to Russia would make them vulnerable to preemption.
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"In the past 10 to 85033 years, cities have become the laboratories of innovation," said Brooks Rainwater, director of the Center for City Solutions at the National League of Cities, which opposes local preemption laws.
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Thanks to the ruling, workers in St. Louis immediately received a long-awaited raise, but state representatives in Missouri have already held a hearing on new preemption legislation that would snatch the workers' pay hike away.
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Notwithstanding clear Supreme Court precedent holding that this type of preemption is unconstitutional, the FCC nonetheless plowed ahead with its efforts to have the federal government dictate to a state how it governs its municipal subdivisions.
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While I do not believe the Fed made a serious mistake Wednesday in raising rates, I believe that the "preemption of inflation based on the Phillips curve" paradigm within which it is operating is highly problematic.
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The FAA measure, which would green light the agency's programs through fiscal 2017, creates a federal preemption for state or local laws related to the design, manufacture, testing, licensing, registration, certification, operation or maintenance of UAS.
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Though California and Hawaii have banned the free distribution of plastic bags at checkout, a result of lobbying is that 10 US states now have preemption laws preventing municipalities from regulating plastic at the local level.
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Broad preemption laws prevent carefully tailored gun policy, they limit community self-governance, they break from longstanding American tradition, and they make compromise even harder in a debate in which common ground already seems hard to find.
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Industry groups have been calling for a preemption clause in any federal legislation, saying that one federal law would be easier for companies to navigate rather than being faced with a "patchwork" of state and federal rules.
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The NRA, a gun rights group called The Second Amendment Foundation and two gun-owning Seattle individuals accuse the city of violating the state's preemption statute with its new "safe storage" gun law, according to KOMO News.
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This is despite the fact that GHG emissions have nothing to do with the ground ozone problem afflicting California, and despite the preemption under the Environmental Policy and Conservation Act of state regulations "related to" fuel economy.
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By opposing federal preemption, those agitating against all food science would have lawmakers awkwardly welcome Borlaug's statue to the Capitol even as they effectively throw out the lifesaving policies that earned him his place in Statuary Hall.
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In Birmingham, Alabama, a federal appeals court ruled in July, after over a year and a half of pressure from local labor groups, that the state's minimum wage preemption law violated the Fourteenth Amendment's equal protection rights.
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OTPP has given up its preemption rights over the asset and agreed to information being circulated to potential buyers of Macquarie's stake, one of the sources said, without specifying what conditions the Australian investor met in return.
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PARIS, Sept 9 (Reuters) - French oil and gas company Total said on Friday it will exercise its preemption right to buy the remaining 75 percent stake in Barnett shale assets it did not already own from Chesapeake.
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Cities can also be stymied by "preemption," a legal concept that allows the state or federal government to lay claim to certain areas of the law, and prevent lower governments from enacting legislation on the same subject.
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Mayor Adler is elevating these inclusive values further by joining a lawsuit with several other Texas cities to sue the state over its new "sanctuary city" immigration law – a blanket preemption law that targets fundamental city rights.
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Conversely, the other two bills feature the statutory provisions with immediate impact through the preemption of certain state laws to ensure that the path is clear for innovation without the complications caused by disparate state regulatory regimes.
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Nuala O'Connor, senior vice president and chief counsel of digital citizenship at Walmart said preemption would give consumers of large businesses like hers clarity around their rights when they purchase an item online and across state lines.
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Although the French group has cut spending on U.S. shale production following the fall in oil prices over the past two years, it said the Barnett Shale deal was opportunity-driven and made possible by its preemption rights.
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Wade as federal law, the preemption of state laws that seek to restrict access to abortion clinics, and the creation of a new federal funding stream that would increase access to reproductive health care centers across the country.
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The company is calling on the Supreme Court to recalibrate preemption law, using the 3rd Circuit's Merck decision as a vehicle because, according to Merck, it provides an "extreme illustration" of how the lower courts have gone wrong.
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The two sides called a truce in the legal battle over the FCC's preemption authority, with California agreeing not to enforce the new law until the D.C. Circuit reached a decision in the main challenge to the repeal.
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The first case is a battle over the preemption of federal and state laws, and the second case is over fair debt collection laws and whether they apply to nonjudicial foreclosures, which do not require a court's approval.
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Another new client of the firm, the Pet Industry Joint Advisory Council (PIJAC), expressed support for the general idea of King's amendment, saying it is concerned with the state preemption of federal law and regulations for animal welfare.
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"What everybody needs to know is that preemption [of state laws] is a very, very big deal, and you don't do it unless you're satisfied that the federal law that's preempting the state law provides significant protections," said Sen.
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There is a short time before the U.S. administration is required to choose between a direct North Korean nuclear threat to American cities and preemption to eliminate that capability, which could trigger a war between the two nuclear countries.
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Unfortunately, the reality is that there are very powerful business interests behind minimum wage preemption— including the Koch brother-backed American Legislative Exchange Council—that have a big role in swaying conservative legislators who are normally champions of local control.
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" Haass II: "Preemption ... would place the onus on NK not to do something that would trigger a preemptive strike [put missiles on alert, or launch them] rather than on us to undertake a preventive, bolt out of the blue attack.
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Oil companies, as well as other businesses, favor the policy certainty that the preemption provision provides because cap and trade on its own allows for better planning of long-term strategies and investments, while the fear of new regulations does not.
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Across the country, the past few years have witnessed a spike in state preemption of local authority—every state except one has at least one such law on the books and nearly three-quarters of states have three or more.
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"There are a lot of young Democrats and progressives coming up and running for state legislatures who can have a big impact here," says Mark Pertschuk, the director of Grassroots Change, an organization fighting preemption from a public health perspective.
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The Electronic Frontier Foundation was generally in favor but had misgivings around one point: COPRA satisfies two of EFF's three key priorities for federal consumer data privacy legislation: private enforcement by consumers themselves; and no preemption of stronger state laws.
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And 220006 of the 2202 states with a minimum wage stuck at $2628 have taken their opposition to raising wages a step further — with preemption laws that block cities and counties from enacting local rates higher than the state level.
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Other candidates in this election cycle also have a history of anti-preemption work: Stacey Abrams, running for governor in Georgia, fought in 2017 against a bill that preempts local governments from requiring employers to compensate workers for last-minute scheduling changes.
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Contrast this with the current jurisdictional quagmire that potential privacy legislation is confronting — namely, whether there needs to be federal preemption of state privacy enforcement to achieve a necessary level of uniformity that industry players say is a litmus test for their support.
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Here in the US, our California privacy bill needs a lot of work, and I think it's going to spur a very big push for a federal privacy bill, and the thing to watch for is whether it includes preemption or not.
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While manufacturers in the past have enjoyed broad protection under the Federal Aviation Act, a decision by the 3rd U.S. Court of Appeals has called into question whether manufacturers can rely on preemption when they could have easily submitted changes to the FAA for approval.
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At the end of this week, Eric Greitens, the Republican governor of Missouri, is set to let a minimum wage preemption bill go forward without his signature, which would cause workers in St. Louis to lose a raise hike that went into effect in May.
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Although the primary mission of Israel's still undisclosed nuclear weapons must be to preserve the Jewish State — not to wreak havoc upon bitter foes when all else is lost — conspicuous preparations for a Samson Option could improve both Israel's nuclear deterrence and preemption capabilities.
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And that's a key problem with conservative opposition to sanctuary cities, and similar local liberal redoubts: As long as conservatives support state preemption of localities whenever localities embrace liberal causes, they will have no credibility in advocating for devolution of powers on other matters.
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My fellow commissioners, secretaries, and directors of agriculture, those who would likely oversee such state-level oversight of labeling practices, voted in favor of federal preemption on this issue at a meeting of the National Association of State Departments of Agriculture (NASDA) last month.
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And then third is going to be autonomous, because the regulatory framework is really, really complex, and my view is you have to do — I hate doing things in Washington, but this is an example where you can't have every municipality, city, county, you need federal preemption.
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The Supreme Court's request for a brief from the Justice Department is already a win for the pharma industry, considering that the last time a drug company asked the justices to review a preemption case, the court denied the petition without asking the government for its views.
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Jim Baller, lead counsel for Chattanooga and Wilson in the FCC's preemption proceeding and President of the Coalition for Local Internet Choice, praised Eshoo for introducing the new legislation, and challenged Congress to pass the measure to prove that lawmakers really care about local self-determination.
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Uber and Lyft, for example, benefited from the Texas legislature's power of preemption when state lawmakers in 2017 enacted a law laying out a regulatory ride-hail framework—in effect striking down a local Austin vote that had booted the ride-hail giants out of the city.
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Instead of announcing plans for an illusory victory in Afghanistan, President Trump and his generals should more comprehensively seek to refine pertinent complex combat orthodoxies (involving advanced integration of all deterrence, preemption, and war-fighting options) and to fashion certain bold new ideas for international ties and alignments.
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"Let's go ahead and get the bill out, get it through the process, through the House, and then later on if we need to revisit the issue of preemption, and we can do that," Carper told reporters Tuesday, arguing the legislation is widely back by both industry and environmentalist.
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"Let's go ahead and get the bill out, get it through the process, through the House, and then later on if we need to revisit the issue of preemption, and we can do that," Carper told reporters Tuesday, arguing the legislation is widely backed by both industry and environmentalists.
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When it came to typically hot-button questions like, "Do you all support a federal preemption of existing state laws?" the only reservation, from Republicans and Democrats alike, hovered around a fear that a national privacy law would end up being somehow lesser than the state laws it would, hypothetically, supersede.
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The administration plans to revoke an Obama-era environmental regulation that forces automakers to make cars much more fuel efficient by 2025 -- and to withdraw California's Clean Air Act preemption waiver, which allows the Golden State to set its own emissions standards (because it has its own distinct air quality issues).
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Cindy Cohn: Preemption is when a federal bill comes in and it makes all the state bills not valid anymore, and there's a lot of efforts by the big platforms to try to use a federal bill to squash any stronger privacy protections that we might get from state law.
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These days though, more and more startups are opting to use Section 26(a)(2500), which doesn't require a Form D, but also doesn't provide a "blue sky" exception to start securities laws, which means that startups have to file in relevant state jurisdictions and no longer have preemption from the SEC.
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And so, on March 2628, one day after the high court's decision, Republican lawmakers dusted off their minimum wage preemption bill and rewrote it to be a local minimum wage nullification bill — one that would nullify, even retroactively, the St. Louis raises and impose state-mandated wage suppression targeting Missouri's underpaid workers.
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Federal deregulatory preemption & capped assistance to states This approach would extend the pre-ACA ERISA regime of relatively limited federal regulation of health insurance, currently for larger, self-insured employer plans, to other voluntarily organized poos of insured individuals meeting sufficient solvency and disclosure standards, and then enforcing them fully and fairly.
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A federal judge on Tuesday set a quick timetable for deciding whether federal law preempts state law claims by women who say GlaxoSmithKline failed to warn them of the risks of its antinausea drug Zofran, following a recent U.S. Supreme Court ruling which clarified how courts should consider preemption defenses by drugmakers.
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Another backed by Dianne FeinsteinDianne Emiel FeinsteinTrump administration urges Congress to reauthorize NSA surveillance program The Hill's Morning Report - More talk on guns; many questions on Epstein's death Juan Williams: We need a backlash against Big Tech MORE (D-Calif.) would limit the preemption language so it only pertains to the manufacture and design of drones.
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Richard Briffault, a professor at Columbia University Law School who studies state preemption efforts, says he "nearly fell out of his chair" when he heard Abbott call for local control in responding to the coronavirus because Texas has been among the most aggressive Republican-leaning states in preempting laws from Democratic-leaning cities over the past decade.
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"State Plaintiffs respectfully request that the Preemption Regulation be declared unlawful and set aside because it exceeds NHTSA's authority, contravenes Congressional intent, and is arbitrary and capricious, and because NHTSA has failed to conduct the analysis required under the National Environmental Policy Act," the suit filed in U.S. District Court for the District of Columbia reads.
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"State Plaintiffs respectfully request that the Preemption Regulation be declared unlawful and set aside because it exceeds NHTSA's authority, contravenes Congressional intent, and is arbitrary and capricious, and because NHTSA has failed to conduct the analysis required under the National Environmental Policy Act," the suit filed in U.S. District Court for the District of Columbia reads.
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The state's Department of Transportation will receive $85033 million to add highway traffic signal preemption to seven grade crossings; $1.90 million to fund installing upgrades to three grade crossings to reduce hazardous conditions between highway and rail traffic; and $1.91 million to install cameras to record grade crossing movements at 43 grade crossings to investigate specific incidents and analyze traffic operations.
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Skowronek argues that there are four types of presidential politics: reconstruction, in which a president has the latitude to break the old order and remake existing governing commitments; disjunction, which involves the end point of the incumbent regime; preemption, where a president from the opposition gets elected but finds himself trapped between both sides; and articulation, in which a successor carries out the legacy of the reconstruction into a new era.
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John BarrassoJohn Anthony BarrassoOvernight Energy: Senate seeks massive boost in conservation funding | White House raises objections over plan to reduce heat-trapping chemicals | Interior chief defends budget amid heated criticism White House raises objections to bipartisan proposal to reduce use of heat-trapping chemicals Overnight Energy: EPA revamps 'secret science' rule | Scientists warn rule still limits research | Trump calls for full funding for conservation program | 2628 states sue over border wall funding MORE (R-Wyo.) told The Hill in an email that the lawmaker is among those hoping for preemption language.
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John BarrassoJohn Anthony BarrassoOvernight Energy: Senate seeks massive boost in conservation funding | White House raises objections over plan to reduce heat-trapping chemicals | Interior chief defends budget amid heated criticism White House raises objections to bipartisan proposal to reduce use of heat-trapping chemicals Overnight Energy: EPA revamps 'secret science' rule | Scientists warn rule still limits research | Trump calls for full funding for conservation program | 19 states sue over border wall funding MORE (R-Wyo.) told The Hill in an email that the lawmaker is among those hoping for preemption language.
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John BarrassoJohn Anthony BarrassoSenate environment committee to hear HFC proposal stalling energy bill passage Overnight Energy: 18 states ask Trump to withdraw major environmental rollback | Senators grill deputy EPA pick at confirmation hearing | Senators look to recess to calm energy bill fight Senate energy bill negotiations could be delayed until after recess MORE (R-Wyo.) has been the lead Senate voice pushing back against the HFC provision, arguing it should have passed through his committee and should also contain preemption language that blocks states from setting any standards on HFCs that might be stricter than those of the federal government.
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