Kia Franklin

Bush administration rules limit lawsuits

The Washington Post explains how federal agency preemption is being used as a stealth tactic for undercutting consumers' rights:

WASHINGTON -- Faced with an unfriendly Congress, the Bush administration has found another, quieter way to make it more difficult for consumers to sue businesses over faulty products. It's rewriting the bureaucratic rulebook.

Lawsuit limits have been included in 51 rules proposed or adopted since 2005 by agency bureaucrats governing just about everything Americans use: drugs, cars, railroads, medical devices and food.

Decried by consumer advocates and embraced by industry, the agencies' use of the government's rule-making authority represents the administration's final act in a long-standing drive to shield companies from lawsuits.

President Bush has campaigned for lawsuit reform since his days as Texas governor. As president, he has made little headway on the issue in Congress. He's been thwarted by Democrats every time he's tried to tackle the issue head-on.

Turns out there was another way, one little-noticed step at a time. (Keep Reading)

You can read more about federal agency preemption here.

Kia Franklin: Author Bio | Other Posts
Posted at 10:32 AM, May 14, 2008 in Federal Preemption
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Kia: As you know, the Federal government is the child of the States. Do you like the way, this child straightened out its Daddy when the latter passed laws discriminating against people for their skin color?

If you liked that, stop complaining about regulatory pre-emption. It is settled by the Civil War. The smallest Federal regulation trumps the biggest state Constitutional provision.

If you don't like that, pass an Amendment ending the Supremacy Clause. (A personal favorite.)

Posted by: Supremacy Claus | May 14, 2008 2:43 PM

You can tell the guy who wrote that story did a lot of research and tried hard to present a balanced view.

Oh, wait. No. It reads like the outline was lifted from talking points, with a bonus talking point quote thrown in from the agency in question for "balance."

Posted by: Joe Bingham | May 15, 2008 1:02 PM