The Daily Fuckup

The Justice Department and the National Economic Council on Aug. 15 opened a request for information asking the public to identify state laws, regulations, policies, practices and causes of action that significantly and adversely affect the national economy or interstate commerce. The docket is open through Sept. 15, 2025. It is a solicitation for comments, not a preemption action and not an enforcement decision. ([justice.gov](https://www.justice.gov/opa/pr/justice-department-and-national-economic-council-partner-identify-state-laws-out-state))

The notice asks commenters to identify which state laws burden commerce in other states or between states, whether any of those measures may already be preempted by existing federal authority, whether Congress or agencies could address them, and which federal agency would have the best subject-matter expertise. In other words, the administration is asking for examples and possible fixes before deciding whether to do anything else. ([justice.gov](https://www.justice.gov/opa/pr/justice-department-and-national-economic-council-partner-identify-state-laws-out-state))

The filing also ties the effort to the administration’s broader deregulatory agenda and says state-level practices can drive up nationwide costs. It specifically invites comments from consumers, small businesses, employers, trade groups, industry analysts, states and other affected parties. The government’s own language is broad, but the practical effect is narrower: a public record that could inform later federal steps, if any are taken. ([justice.gov](https://www.justice.gov/opa/pr/justice-department-and-national-economic-council-partner-identify-state-laws-out-state))

What it does not do is announce a new federal power to override state law. The notice asks whether identified laws may be preempted and whether other federal legislative or regulatory tools might exist, but any later move would require its own legal basis and process. For now, the document is a paper trail, not a final answer. ([justice.gov](https://www.justice.gov/opa/pr/justice-department-and-national-economic-council-partner-identify-state-laws-out-state))