Federalism now is beyond repair – Biden’s special treatment of California proves

Congress singled out California for special treatment because of its history of smog, particularly in the Los Angeles region. The Biden administration has now employed this waiver authority to greenlight Mr. Newsom’s radical climate mandates for the auto industry, even though those mandates are motivated by a desire to advance global climate goals, not to address air-quality conditions unique to California. In the American system of federalism, all 50 states are supposed to be equal in sovereignty and dignity. True federalism means that each state has an equal ability to experiment with different rules in its own local markets, and unless Congress prescribes a national solution, each state can choose to adopt rules that are stricter or looser than those that apply in other states. That’s not what’s happening here. Contrary to Congress’ judgment that the auto industry requires uniform federal standards, the Biden administration has used the Clean Air Act waiver process to empower one single state in the Union, California, to dictate a revolutionary new industrial policy for the people of every other state. And the policy mandates Mr. Newsom is handing down are far stricter than anything the residents in most states would find acceptable — if they ever got the chance to decide the question for themselves. What Mr. Biden has unleashed with his California climate waiver is the antithesis of true federalism.