The 10th Amendment Regulatory Reform Act, similar to a House bill introduced by Rep. Tom Cole (R-Okla.) in March, would allow state officials to file a legal brief challenging the constitutionality of proposed regulations when they are open for comment. The federal government would then have 30 days to certify that the regulation doesn’t violate the 10th Amendment, which bestows certain rights to the states in relation to the federal government.
Also under the bill, state officials could challenge a regulation in district court and get expedited review at the appeals level. A judge could then decide whether to freeze the regulatory process as the challenge made its way through the courts.
Sen. Wicker said the bill is largely in reaction to the reform law. Altogether, 43 states have joined in legal challenges or are taking other action to prevent certain provisions of the law from taking effect.
Read The Hill report on the 10th Amendment Regulatory Reform Act.
Read more coverage of efforts to repeal or slow down the healthcare reform law:
– GOP Might Tie Cutback of Reform to Physician Fee-Fix
– Senate Bill Would Let States Opt out of Reform Law Three Years Earlier
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