The U.S. Supreme Court went with the U.S. business community three times yesterday and, in doing so, continued its march toward preempting state laws. In announcing one of the cases from the bench, Justice Antonin Scalia said the day's decisions made it clear that "we consider it part of our business" to sort out the balance between federal and state law.
There are many other places to debate whether this Court is indeed creating a "balance" (defined in one dictionary as "a state of equilibrium or parity characterized by cancellation of all forces by equal opposing forces") or whether it is, as Justice Ginsburg wrote yesterday, enacting a "radical curtailment" of state law remedies that Congress did not intend.
While this debate continues, the reality is that the Court is consistently rewriting federalism in a way that minimizes a state's ability to regulate any business other than a local shoe repair store. The reality is further that none of the candidates for President, and none of the leaders in Congress in either party, are talking about changing this trend.
Whether AG's like it or not, it is time for them and their allies to understand the full scope of the transformation.