Sen. Roger WickerRoger WickerPicking 2018 candidates pits McConnell vs. GOP groups McConnell’s shining moment As US healthcare changes, preventative screenings can't stop MORE (R-Miss.) and eight other Senate Republicans want to give states the right to challenge federal regulations when they believe the rules violate the Tenth Amendment to the Constitution.
Wicker's Restoring the 10th Amendment Act, S. 1632, is an attempt to set up checks on federal rule making authority at the state level. Wicker argues that the federal government has ignored the Tenth Amendment, which holds that powers not delegated to the federal government are "reserved to the States respectively, or to the people."
His bill gives state officials "special standing" to challenge proposed regulations during any public comment period. That challenge must be based on arguments that the proposed rule violates the Constitution's Tenth Amendment.
The bill requires the federal agency to post the challenge online, and if the agency decides to continue with the rule, it must certify that the rule does not violate the Tenth Amendment. That certification must include a legal reasoning that supports the agency's position.
Wicker has introduced similar legislation in the past two sessions of Congress. This year's bill is cosponsored by Sens. Thad CochranThad CochranPicking 2018 candidates pits McConnell vs. GOP groups Overnight Defense: FBI chief confirms Trump campaign, Russia probe | Senators push for Afghan visas | Problems persist at veterans' suicide hotline Senators ask to include visas for Afghans in spending bill MORE (Miss.), Mike CrapoMike CrapoLawmakers call for pilot program to test for energy sector vulnerabilities Senators war over Wall Street during hearing for Trump's SEC pick Overnight Finance: Biz groups endorse Trump's Labor pick | New CBO score coming before health bill vote | Lawmakers push back on public broadcasting cuts MORE (Idaho), Charles GrassleyChuck GrassleyTrump eyeing second Supreme Court seat Grassley: Another Supreme Court vacancy likely this summer Sweeping change at DOJ under Sessions MORE (Iowa), James InhofeJames InhofeTaiwan deserves to participate in United Nations Optimism rising for infrastructure deal Repeal of Obama drilling rule stalls in the Senate MORE (Okla.), Johnny IsaksonJohnny IsaksonMedicare’s coverage decisions need more input from physicians Five takeaways from the Georgia special election Live results: Georgia special election MORE (Ga.), Pat RobertsPat RobertsPicking 2018 candidates pits McConnell vs. GOP groups IRS chief says he's committed to finishing his term Overnight Finance: CBO predicts budget deficits, debt to hit new highs in 30 years | Meet Trump’s Ms. Fix-It | Trump, Mnuchin talk tax reform | Mexico's B windfall MORE (Kan.), Jeff SessionsJeff SessionsDem lawmaker to Sessions: 'You are a racist and a liar' Top Trump officials push border wall as government shutdown looms DNC chairman slams Sessions for deportation comments MORE (Ala.), and John ThuneJohn ThuneSeven major players in Trump's trillion infrastructure push Trump’s great tech opportunity is in spectrum sharing Norquist warns GOP: Don’t link taxes, infrastructure MORE (S.D.).