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June 19, 2002

Conservative Federalist Hypocrisy

Jeff Hauser commented on yesterday's securities regulation post: "One big story here is a disproportionately GOP group (I presume) practicing "federalism hypocrisy." I loathe federalism and love to collect examples of how even ostensible adherents cannot keep consistent with this ultimately silly, but never going away construct."

I totally agree. Federal "tort reform" to gut local accountability of corporations is another good example. Last year, I wrote a column called The Supreme's Federalist Hypocrisy where I noted that while the Court has been striking down all sorts of federal anti-discrimination laws, they have also been going out of their way to use Federal supremacy to knock down state and local efforts promoting affirmative action and minority voting districts. When the Boy Scouts "won" their right to exclude gays in the Dale decision, this "states rights" court majority was overruling a 1991 New Jersey law against discrimination based on sexual discrimination.
...The main part of the article focused on the Court using an ancient 1925 federal law to overturn local laws that barred companies from forcing employees into arbitration over employment disputes. Despite the fact that the law specifically excluded employment contracts from the law's reach, the conservative majority tortured the meaning of the law to achieve their anti-worker federal overruling of local laws.
...Just sheer hypocrisy by conservatives in the service of racism and corporate power.

Posted by Nathan at June 19, 2002 02:16 PM

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