Many claim to prefer bipartisanship out of leaders in Washington, D.C., and right now we're witnessing…
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Bipartisan Senators' Letter to NLRB Opposes Destructive Proposed "Joint Employer Rule"

Many claim to prefer bipartisanship out of leaders in Washington, D.C., and right now we're witnessing an encouraging example of it.

Specifically, Senators Mike Braun (R - Indiana), Joe Manchin (D - West Virginia), Angus King (I - Maine), James Lankford (R - Oklahoma), Kyrsten Sinema (D - Arizona), and Susan Collins (R - Maine) have written National Labor Relations Board (NLRB) Chairman Lauren McFerran seeking reconsideration of the NLRB's proposed "Joint Employer Rule" that they correctly warn "would have negative effects on workers and businesses during a time that many are already struggling following the COVID-19 pandemic."

For years we at CFIF have sounded the alarm on the Joint Employer Rule that the Senators target, because it would dangerously reverse decades of established labor…[more]

December 08, 2022 • 11:03 AM

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Jester's Courtroom Legal tales stranger than stranger than fiction: Ridiculous and sometimes funny lawsuits plaguing our courts
AGs: States’ Sovereignty Advances Liberty Print
By Quin Hillyer
Thursday, September 20 2012
'State attorneys general have proven to be the last line of defense,' Abbott told me, 'against a federal government that is growing too large, spending too much, and reaching too deeply into our lives.'

The Center for Individual Freedom’s “State Sovereignty Project” is being planted in soil already made fertile by resolute actions of conservative state attorneys general. The antiquated term of “states’ rights” doesn’t do justice to their efforts, because they really are defending the states’ ability to look out for their citizens’ individual rights, prerogatives and well-being.

Consider Scott Pruitt of Oklahoma. So dedicated is he to the principle of “federalism” – the vertical diffusion of power allowing the states on some subjects to limit the dangerous centralizing power of the federal government – that he has assigned a team of attorneys to a separate “office of federalism” devoted exclusively to fighting abuses by the feds. Within two months, his team was fighting expensive, overly burdensome, bureaucratic meddling with small community banks, without proper rulemaking authority, by the Federal Deposit Insurance Corporation. Due to Pruitt’s efforts, the FDIC backed down.

On another front, Pruitt has taken the lead in fighting “regulation by litigation” – a practice by which outside activist groups file apparently pre-arranged lawsuits against the Environmental Protection Agency. Quite amazingly, the EPA then enters a “consent decree” with a court within a single day, granting the activists what they wanted and binding multiple states to expensive restrictions without ever letting the states have a chance even to comment on what amounts to a new federal rule. Going through the normal rule-making process, open to public comment and review, might take years; this way, the EPA does it overnight without benefit of sunlight or procedural fairness.

Finally, in a significant interim victory, Pruitt in June won an injunction from the 10th Circuit U.S. Court of Appeals blocking (for now) an EPA “regional haze” rule whose practical effects would be increased electric bills for Oklahoma consumers of as much as 20 percent in three years. Those threatened costs to consumers, Pruitt told me, show that “these issues involving federalism are real issues, they aren’t just academic: They affect people in your state in a very personal way.”

Likewise, Texas AG Greg Abbott has won two big victories in other cases against the EPA, with the U.S. Court of Appeals for the DC Circuit blocking something called the “Cross-State Pollution Rule” and with the Fifth Circuit Court of Appeals overturning EPA’s objections to Texas’ own air permitting program – a program put in place, by the way, not by some right-wing regime supposedly intent on despoiling the environment, but by liberal former Governor Ann Richards.

“State attorneys general have proven to be the last line of defense,” Abbott told me, “against a federal government that is growing too large, spending too much, and reaching too deeply into our lives.”

On September 14, the Heritage Foundation hosted a forum on state sovereignty featuring Oklahoma’s Pruitt along with AGs Luther Strange of Alabama, Sam Olens of Georgia and Greg Zoeller of Indiana. At stake, Strange said, is nothing less than the rule of law itself, which he said acts (among other things) as a lure for foreign investors (such as automobile and aerospace companies in Alabama) to build plants and create jobs here in the United States. “They come here,” he said, “because contracts will be enforced…and property rights will be protected.” Federal regulators often seem unconcerned about those rights, he said – but when states protect the rule of law by keeping the feds in check, it’s not just a remote power struggle, but a way to advance the material opportunities for the states’ workers.

Zoeller, meanwhile, pointed to the second part of the Supreme Court’s decision on ObamaCare, the 7-2 holding invalidating the national government’s attempted “coercion” of states into expanding their Medicaid programs, as a huge victory for state sovereignty.

“It was an invitation from the Supreme Court,” he said, “to engage [on the issue of] the proper role of federalism.” Lesson: “States need to stop just defending our sovereignty and start challenging [in areas] where our sovereignty has been encroached by the federal government.”

Olens, meanwhile, who joined Abbott’s aforementioned fight (and victory) against the Cross-State Pollution rule, quoted a great line from the decision written by Judge Brett Kavanaugh castigating the feds because “EPA’s approach punishes the states for failing to meet a standard that EPA has not yet announced and that states did not know.”

The best line at the Heritage event came from Zoeller, who worked for years in Washington before returning to Indiana: “I never trusted the federal government when I worked for it – and now that I’m attorney general, I’m paid not to trust it.”

Moderating the event was former U.S. Attorney Ed Meese, who noted that oftentimes a victory for one state in such a case ends up protecting the interests of citizens of other states as well.

“This is service to the entire nation,” Meese said. Indeed it is.

Quiz Question   
Which of the following Presidents replaced the traditional candles with electric lights on the White House Christmas tree?
More Questions
Notable Quote   
 
"Arizona Sen. Kyrsten Sinema is changing her party affiliation to independent, delivering a jolt to Democrats' narrow majority and Washington along with it.In a 45-minute interview, the first-term senator told POLITICO that she will not caucus with Republicans and suggested that she intends to vote the same way she has for four years in the Senate. 'Nothing will change about my values or my behavior…[more]
 
 
—Burgess Everett, Congressional Bureau Chief for POLITICO
— Burgess Everett, Congressional Bureau Chief for POLITICO
 
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