Happy Independence Day!

Recently in Washington
Last week the House passed the conference report for H.R. 4173, the Restoring American Financial Stability Act of 2010.  The House also passed the House version of the Fiscal Year 2010 War Funding Supplemental, as well H.R. 5618, the Restoration of Emergency Unemployment Compensation Act.

Supreme Court Upholds Second Amendment
Last week the Supreme Court ruled 5 to 4 that Second Amendment rights cannot be banned by state and local governments. In the case McDonald v. City of Chicago the Court found that the Second Amendment indeed protects most Americans’ right to own most types of firearms, and that states and local governments do not have the authority to deny that right.  

“This was another great day for supporters of the Second Amendment,” Congressman Simpson said. “Just like 2008 when the Court ruled that Washington, D.C.’s gun ban was unconstitutional, they have knocked down Chicago’s similar law.” 

This ruling is different because the D.C v. Heller case found that the federal government cannot ban firearms because the Second Amendment is an individual right. The McDonald decision expands on that ruling to prohibit states and local governments from making similar restrictions.  While the decision itself only undoes a few specific city gun-ban laws in Illinois, it will likely provide the framework by which future unconstitutional gun bans can be overturned in court.

“I am encouraged by this decision, and hope to see it used to overturn restrictive and unfair gun bans in many cities across the country.”  Simpson added, “This finding will also confine the ability of activist judges to deny citizens rights to bear arms in the future.”

Congressman Simpson had signed an Amicus, or “Friend of the Court” Brief to the Supreme Court affirming that state and local governments should not have the right to circumvent the Second Amendment.

Atomic Safety and Licensing Board on Rejects DOE’s Attempt to Withdraw Yucca Mountain License
Congressman Mike Simpson commends the Board for its decision
Congressman Mike Simpson congratulated the Nuclear Regulatory Commission’s (NRC) Atomic Safety and Licensing Board for its decision rejecting the Department of Energy (DOE) motion to withdraw the license application for Yucca Mountain last week. The Board’s decision noted that the Nuclear Waste Policy Act does not provide the Secretary with the authority to withdraw the application, and it rejects the Secretary’s argument that he can withdraw the application without the approval of Congress.

“I congratulate the Board for its commonsense finding,” said Simpson. “Congress has repeatedly shown its support for building a permanent nuclear repository at Yucca Mountain, and this decision is a first step to rejecting DOE’s misguided efforts to waste the billions of dollars and decades of work that have already been invested in the Yucca site.”

The Board noted that because Congress directed DOE to file the Application and the NRC to consider the application, “unless Congress directs otherwise, DOE may not single-handedly derail the legislated decision-making process by withdrawing the Application,” and therefore it must deny DOE’s motion.

As a member of the House Energy and Water Appropriations Subcommittee, which oversees DOE, Simpson has often challenged the Secretary on this issue. “The Yucca Mountain repository has been thoroughly studied and is demonstrated to be a safe, suitable repository for our nation’s spent nuclear fuel and defense waste,” said Simpson. “I strongly support efforts to move forward on this project and avoid further unnecessary delays.”

While this is a significant victory for pro-Yucca advocates, it is an interim one. The full Commission now has the authority to take up the order and vote to support or overturn this finding.

House Legislative Business This Week