JLF chairman John Hood weighs in on two recent federal cases.
Hood praises the U.S. Supreme Court ruling that the North Carolina State Board of Dental Examiners violated federal antitrust laws by engaging in self-dealing in ordering service providers that do not have dental licenses to cease and desist from whitening teeth.
But regarding the Federal Communications Commission’s vote to overrule N.C. law placing restrictions on municipal broadband, Hood says:
I can’t offer similar praise to the commissioners of the FCC, however. They didn’t strike down state laws that blocked one private provider from competing with another. Instead, they struck down laws designed to keep localities from abusing their own governmental powers — their tax exemptions, access to low-cost capital, and eminent domain — to deliver a commercial service in competition with private firms. Surely states are the proper level of government to ensure that such abuses don’t occur.
A healthy federal system offers multiple pathways to resolving conflicts. In the telecom case, I’m hopeful that Congress will exercise its authority to rein in the FCC, whose lawful authority is entirely determined by the policy choices of legislators. In the meantime, North Carolinians can take the opportunity to ponder the virtues and limits of federalism. It’s not a tool for protecting “states’ rights.” It’s a tool for protecting your rights, and mine.
Which brings me back to Sen. Trudy Wade’s plan to restructure the Greensboro City Council. As I’ve written here many times recently, the N&R has mounted a spirited offensive against Wade’s plan, the main argument being that it violates Gboro citizens’ rights by not allowing them to choose how they are represented. Honestly I can see the argument, yet the way I read it the N&R’s coverage plays more a defense of Gboro City Council members, who –let’s face it —have a vested interest in retaining their office.
So it’s up for debate whose rights are being protected— government’s or the people’s — as Wade’s plan works its way through the legislature. With that in mind it will be interesting to see how the U.S. Justice Department rules— if it gets that far. Someone who knows a little something about Gboro politics is willing to bet a paycheck on that happening.