Crews install portraits of state capitol buildings ahead of the National Conference of State Legislatures annual summit on Aug. 4 in Boston. NCSL has asked the Trump administration to stop its review of state laws it says are overly burdensome on business. (Photo by Kevin Hardy/Stateline)
State lawmakers from across the country are asking the Trump administration to stop its review of state laws it says are overly burdensome on businesses.
Earlier this week, the National Conference of State Legislatures wrote to federal leaders, citing bipartisan concern about recent federal actions that, in its view, attempt to undermine the authority of state governments.
“Our members have raised concerns that the federal government does not pay close enough attention to the state impact of their decisions. State laws and regulations are foundational to America’s economic and social infrastructure,” the organization wrote.
The National Conference of State Legislatures, which represents state legislatures and legislative staff across the country, was responding to an August 15 announcement from the Justice Department and the National Economic Council that they would be seeking to identify state laws that “significantly and adversely affect the national economy or interstate economic activity.”
In soliciting public comment, the Trump administration referenced the possibility of using existing federal authority or new legislation to preempt state regulations.
State laws and regulations are foundational to America’s economic and social infrastructure.
– The National Conference of State Legislatures
The Justice Department announcement of the review cited an ongoing feud over state animal welfare standards. In recent years, major agricultural industry players and congressional Republicans have taken aim at efforts such as California’s Proposition 12, which requires farms to meet certain standards to provide animals freedom of movement, including cage-free enclosures and minimum floor space.
California’s voter initiative also bars retailers from selling animal products raised in other states that don’t meet California’s standards — viewed as a major imposition by agriculture interests across the country.
In July, the Trump administration sued California, arguing its regulations were driving up the cost of eggs across the country because of the state’s outsize role in the national economy.
“It is one thing if California passes laws that affect its own State, it is another when those laws affect other States in violation of the U.S. Constitution,” U.S. Agriculture Brooke Rollins said in a statement at the time.
In its response to the administration’ recent solicitation, NCSL noted that the Supreme Court in 2023 upheld California’s Proposition 12.
NCSL said the Justice Department review would contravene the 10th Amendment to the U.S. Constitution, which says powers not specifically delegated to the federal government or prohibited by the Constitution are reserved for states.
The organization of state lawmakers argues that the foundational concept of federalism allows states to enact regulations and laws that are more responsive and adaptable to local citizens.
“NCSL urges the Department of Justice to withdraw this unprecedented and broad attempt to undermine state authority,” the organization wrote.
The letter was signed by four NCSL officers — two Democratic and two Republican state lawmakers.
Stateline reporter Kevin Hardy can be reached at khardy@stateline.org.
