April 1, 2020 Preemption Watch Newsletter

Who’s in Charge? Making Sense of Government Orders in the COVID-19 Response, 3/27/2020

First, questions of preemption typically arise only when there is a conflict in two regulatory schemes. In the absence of conflict, individuals and businesses should follow all applicable government directives.

Second, generally speaking, declarations of national emergency by the President and federal agencies do not preempt state and local orders.

Bipartisan Privacy Talks Split With Second Senate GOP Bill
Bloomberg Government, 3/12/2020

Individual lawsuits and preemption remain the two areas where Republicans and Democrats are at odds. Democrats, including Blumenthal and Sen. Maria Cantwell (D-Wash.), the Senate Commerce, Science, and Transportation Committee’s ranking member, are pushing for private lawsuits and opposing broad preemption in a federal bill.

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