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The Buckeye Institute Calls on Court to Protect the Principle of Federalism

Jun 26, 2023

Columbus, OH – On Friday, The Buckeye Institute filed an amicus brief in Montana Medical Association v. Knudsen, calling on the U.S. Court of Appeals for the Ninth District to protect states from the expansion of federal regulations without congressional approval.  

“A bedrock principle of our great country is the principle of federalism—the idea that ‘powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,’” said David C. Tryon, director of litigation at The Buckeye Institute. “In this case, the U.S. District Court for Montana disregarded that principle and extended the federal regulations far beyond what Congress authorized to overturn a state law. As we prepare to celebrate our nation’s independence, there is no more appropriate time to recall that the Constitution is designed to preserve our rights, not to give federal bureaucrats unlimited power.”

In its brief, The Buckeye Institute argues that the federal district court’s ruling dangerously expands the scope of the Americans with Disabilities Act and the Occupational Safety and Health Act far beyond what the laws allow, and The Buckeye Institute asks the Court of Appeals to reject this intrusion on American liberty.

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