2006 ACS National Convention Panel Discusses "Finding the Balance: Federal Preemption of State Law"
On June 16, ACS hosted a panel at the 2006 National Convention that examined how on many critical issues of the day, including marriage rights for same-sex couples, stem cell research, medical marijuana, state law tort claims, and economic and environmental regulation, many traditional proponents of state prerogatives have shifted stance to advocate federal preemption.
As moderator Preeta Bansal noted, "for many progressives, state governments have long conjured up notions of backwater politics, resistance of civil rights, and other regressive policies." Faced with a conservative federal government, however, "many in the progressive commmunity have started turning to the states for progressive action . . . ."
The panel sought to find the proper balance between protecting federal supremacy and allowing state-level experimentation. Panelists included:
- Preeta Bansal, Skadden, Arps, Slate, Meagher & Flom LLP; former Solicitor General of New York
- Judge Marsha Berzon, U.S. Court of Appeals for the Ninth Circuit
- Steven Fineman, Lieff Cabraser Heimann & Bernstein, LLP
- Michael Greve, The American Enterprise Institute
- Christopher Schroeder, Professor of Law and Public Policy, Duke Law School; former Acting Assistant Attorney General, Office of Legal Counsel