Jeff McGuiness: As Health Care in Congress Stumbles and Governors Exert More Influence, the Preemption Debate Has Emerged, but So Has a Powerful New Advocate for Uniformity

July 07, 2017

One of the many reasons attributed to Senate Republicans having difficulty reaching agreement on health care is either the lack of support or the outright opposition coming from Governors of both parties to the proposed legislation.  Employers should be concerned with this, because a subtext in the debate has been the belief by many that the answers lie within the states, a view that chips away at the concept of federal preemption.  For multi-state employers, preemption means operating across state lines without the traps of conflicting state, county and other local rules.  Unfortunately, preemption is viewed skeptically by both Governors and most everyone in Congress.  Good news, then, that a powerful new industry has emerged which has discovered the pitfall of 50 states going 50 different ways and is making its presence felt—the makers and users of autonomous vehicles.  And in speaking up, they are echoing many of the same themes that employers have been advocating for years with respect to employment policy.  Read the full blog here.