Texas Insider Report: Washington D.C. A Republican senator is planning on introducing legislation this week to allow state officials to challenge federal regulations before they go into effect says Julian Pecquet. The legislation called the 10th Amendment Regulatory Reform Act mirrors a bill introduced by Rep. Tom Cole (R-Okla.) on March 25 two days after the president signed health care reform into law.
- Sen. Roger Wicker (R-Miss.) says his states-rights bill is in large part a reaction to Democrats health care reform law which Republicans claim would create 159 boards commissions bureaus programs and offices of the federal government.
- That figure may be open to debate but states have certainly raised concerns with the law with 43 so far joining in legal challenges or taking other action to prevent certain provisions from taking effect.
The proposed law could also be used to challenge other regulations such as those from the Environmental Protection Agency Wicker added.
The legislation called the 10th Amendment Regulatory Reform Act mirrors a bill introduced by Rep. Tom Cole (R-Okla.) on March 25 two days after the president signed health care reform into law.
- It would allow designated state officials to file a legal brief challenging the constitutionality of proposed regulations during the time when theyre open for comment.
- The head of the federal agency whose regulation is challenged would then have 30 days to certify that the regulation doesnt violate the 10th Amendment.
- That certification and a link to the states legal brief would have to be
displayed prominently on the agencys primary webpage.
- State officials could also challenge the regulation in district court and get expedited review at the appeals level.
Wicker said the provision could save time and money.
This would allow a challenge earlier by governors lieutenant governors attorneys general or state legislative leaders to go ahead and take the matter into federal court he said. And it requires the agency to engage quickly in response.
Source: Julian Pecquet Senate Republican to Push States Rights in Response to Health Care Law The Hill December 5 2010.
