superrific
Legend of ZZL
- Messages
- 9,124
Patently unconstitutional. We already did this with Obamacare. With 7 votes, the Court held that the provision tying receipt of Medicaid funds to implementing a state market was unlawful. There was not a sufficient nexus between the funds and the demand -- and that was within the realm of health. This is why many states did not expand Medicaid. They didn't have to, per the Supreme Court.
It is simply unlawful for the federal government to coerce states into compliance with federal laws by withholding money. Just so we all know.
Federal energy law does not supplant or preeempt state laws. Executive orders do not change that, because they are not law. Nor can regulations alone. The Supremacy clause applies to statutes. It might also apply to implementing regulations, but only as derivative of the statute. There are no statutes that I know of that would preempt state law.