Although the California women should win, it is important that they win on narrow, fact-specific grounds. Advocates of states' rights have latched onto this case and are urging the court to use it to radically rewrite its commerce clause rulings, reviving ancient precedents that took a more limited view of Congressional power. This is where the greatest danger lies in this case. If this sharply restricted view prevails, it could substantially diminish the federal government's ability to protect Americans from unsafe work conditions, pollution, discrimination and other harms.I disagree with the broad sweep of this concern. The country is divided. I live in a blue state where our workplace safety laws are stronger than the federal laws, our minimum wage is two dollars an hour higher than the federal minimum wage, our anti discrimination laws are stronger than the federal requirements. We don't need the federal governments help. Abortion will remain legal in Oregon if Roe V Wade is overturned. We have voter mandated Medical Marijuana and doctor assisted suicide, we don't want the Federal government interference there.
Since pollution doesn't recognize state lines it would seem that the commerce clause should easily apply in that case.
I guess that makes me a neo-federalist, a blue states righter.
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