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May 21, 2009

Excellent news on the preemption front!

As you may know, the Bush administration adopted a policy of including preemption provisions in federal regulations, unilaterally taking away your right to your day in court. These preemption provisions effectively circumvented any state laws designed to protect you, the consumer. They were neither voted on by you, nor passed by your representatives in Congress, nor even reviewed by the judicial branch. It was basically a terrible example of the executive branch legislating instead of governing.

Yesterday, the Obama administration took the first large step in correcting the preemption attrocities of the Bush administration. President Obama issued an executive memorandum to all federal agencies, mandating that no provisions for federal preemption shall be included in federal regulations except under extraordinary circumstances. Also, the executive memorandum requires that all preemption provisions enacted or written by any federal agency in the past ten years be rewritten to provide that state laws are not pre-empted.

This, my friends, is big. Thank you, President Obama, for leveling the playing field for consumers like us.

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