Posts Tagged ‘federalism’

More state battles on religion, sex, and discrimination law

Enough already with the bans on so-called inessential travel: short of an impending civil war, boycotts, sanctions, and embargos against U.S. states by the governments of other U.S. states and cities are a truly bad idea [Nathan Christensen, Washington Post]

Relatedly, Gillian White quotes me in the Atlantic on North Carolina’s HB 2 controversy, the latest in a series of battles over discrimination law, religion, business, and LGBT persons, at this point almost entirely symbolic to large publics on both sides, with the considerable differences between particular enactments (Georgia, Mississippi, Indiana, etc.) seeming to matter relatively little. Finding accurate reporting on what the employment provisions of North Carolina’s HB 2 would do is not easy, as Robin Shea discovered [Employment and Labor Insider]

Finally, I’ve got a letter to the editor in the Wall Street Journal responding to an opinion piece the paper had run by Georgia state senator William Ligon:

Sen. Ligon misstates the scope of North Carolina’s new law when he writes that “the new law simply prevents local governments from forcing business owners to adopt” policies on transgender bathroom use. As a libertarian, I would be fine with the new law if that were all it did, but in fact Sen. Ligon is describing only Part III of the bill. Part I of the bill imposes affirmative, uniform new duties of exclusion on North Carolina government entities such as schools, town halls, courthouses, state agencies and the state university system, taking away what had generally been at local discretion. This not only will inflict needless burdens on a small and vulnerable sector of the public, but presumes to micromanage local governments and districts in an area where they had not been shown to be misusing their discretion. Whatever the merits of the rest of the bill, the provisions on state-furnished bathrooms are a good example of how legislation in haste from the top down can create new problems of its own.

Walter Olson
Cato Institute
Washington

May 6 roundup

Culture War tomorrow, comity tonight: when one state boycotts another

Boycotts by one state directed against another seem to me to be a tactic best reserved for impending scenarios of civil war, although who knows, if my social media stream is any indication, perhaps the United States is soon to reach that point. Gerard Magliocca, who teaches law at Indiana, wonders whether the Constitution would provide any legal remedies if, for example, one state closed its public university system to applicants from another state to show disapproval for that second state’s policies. (For those who came in late, Governors Dannel Malloy of Connecticut and Andrew Cuomo of New York issued orders, now rescinded, barring travel by “non-essential” state employees to Indiana during the several-day furor over that state’s Religious Freedom Restoration Act (RFRA).)

December 18 roundup

  • Michael Greve reviews new James Buckley book offering critique of fake (“cooperative”) federalism under aid-to-state programs [Liberty and Law; Chris Edwards/Cato on Buckley book, more]
  • Cuban expatriates will now have access to US banking services. Next step: call off Operation Choke Point so domestic businesses can have it too. [earlier coverage of Choke Point including its effects on, yes, cigar shops; details on new relaxation of Cuba sanctions, and related effects of banking sanctions]
  • Sac and Fox tribe appeals ruling in favor of town of Jim Thorpe, Pa. on demands for disinterment and return of remains of athlete Jim Thorpe [Allentown Morning Call, my recent writing on the case here and here]
  • NFL owners “rarely settle any dispute… Each owner pays only 1/32nd of the legal bill, and the owners love to fight” [ESPN]
  • Adios Google News: Spanish press “not even waiting for the blood to dry on the hatchet before bemoaning the loss of their golden eggs” [Julian Sanchez, Cato]
  • Union official knew New York Attorney General Eric Schneiderman was going to sue pizza operator before the operator did. Hmmm [Kevin Mooney, Daily Signal]
  • Nevada goes to ridiculous lengths unsuccessfully trying to regulate airport taxis, but at least they’ll try to keep you from using ride-sharing, so that’s something [Blake Ross, Medium; Reuters]

September 12 roundup

  • ObamaCare, Common Core, EPA policy all raise specter of federal commandeering of state governments [Richard Epstein and Mario Loyola, The Atlantic] Vocally supporting Common Core, William Bennett provides new reasons to be queasy about it [Neal McCluskey, Cato]
  • Mom lets six-year-old play within sight of his own front door. Then Child Protective Services arrives [Haiku of the Day]
  • Study finds no evidence California cellphone ban reduced accidents [The Newspaper]
  • Or maybe if you’ve been in good health for 13 years it’s okay to let the grievance slide: pols, union leaders urge unimpaired WTC rescuers to enroll for possible future compensation [AP/WCBS]
  • “Thomson Reuters Thinks Not Responding To Their Email Means You’ve Freely Licensed All Your Content” [Mike Masnick, TechDirt]
  • New frontiers in urban expropriation: San Francisco imposes crushing new “relocation assistance” burden on rental owners [Pacific Legal Foundation]
  • A lesson in standing up for individual liberty, and not being discouraged by setbacks [my Cato Institute piece on Lillian Gobitis Klose’s flag-pledge case, Donald Boudreaux/Cafe Hayek]

April 15 roundup

  • “Nullification” a non-starter, but states do have ways to resist federal encroachment [Amy Pomeroy, Libertas Utah, with podcast] Passport to Baraboo? State GOP resolutions committee backs “Wisconsin’s right, under extreme circumstances, to secede.” [Milwaukee Journal-Sentinel]
  • Flawed forensics: “DUI expert pleads no contest to perjury charges, gets house arrest and probation” [PennLive]
  • “Insurance: The Musical” turned out to be an April Fool’s, a pity since I was looking forward to the actuary production number [Insurance Journal, but see (David Skurnick, “Cut My Rate,” set in California Insurance Department) and more (“The Sting”)]
  • Executive power grab? New F.H. Buckley book on “The Rise of Crown Government in America” [Tyler Cowen, with Canada comparison]
  • My appearance on Anne Santos’s radio show discussing lawsuit culture [KNTH]
  • If General Motors objects to direct consumer sales freedom for Tesla, perhaps the answer is to set GM free too [Dan Crane, Truth on the Market; James Surowiecki/New Yorker, Adam Hartung via Stephen Bainbridge]
  • James Maxeiner on the Federal Rules of Civil Procedure after 75 years [Common Good]

Podcast: after Windsor and Perry

Cato’s Caleb Brown interviews me on the immediate legal implications of this week’s same-sex marriage cases. Because we spoke the day after the ruling, some of my comments have already been outrun by events; for example, it took only a day or two, not weeks, to overturn the Ninth Circuit stay and begin holding marriages. And the Obama administration has now declared that it will extend federal recognition to all lawfully issued marriage licenses even if not recognized in the state of a couple’s domicile, which had been one of the two biggest immediate practical uncertainties. (The other is the question of retroactive effect: will taxpayers, for example, be allowed to amend filings for past years?) Given the recognition of marriage licenses obtained outside a state of domicile, “States like Texas and Florida will begin noticing — or perhaps they won’t notice — that some of their citizens are getting some federal benefits that somewhat foil their state policy.”

A link to the podcast is here.