And now Sessions wants to end it. Just to be clear about what this would do: Sessions wants to force federal forfeiture law onto states whose legislatures have explicitly rejected it. And he wants to do this to expand a policy that even conservative groups feel is unfair and unjust, that studies have shown is biased by class and race, and that 80 to 85 percent of Americans oppose.
Sessions claims to be a federalist an advocate for states rights and local control. But he makes exceptions. Whats interesting is when he makes exceptions and when he doesnt. For example, Sessions thinks the Voting Rights Act which aims to preserve the voting rights of minorities is intrusive federal meddling. He thinks that Justice Departments investigations into police abuses which frequently include allegations of racial bias, and tend to be disproportionately directed at minorities are also intrusive federal meddling. He thinks that requiring states to recognize same sex marriage a protection for a minority group is intrusive federal meddling. He feels the same way about adding sexual orientation to the list of categories protected by federal hate crimes laws, and about requiring states to protect transgender students again, these are all protections for a specific minority group.
So where does Sessions make exceptions to states rights? For starters, he thinks sanctuary cities should be punished for not enforcing federal immigration law, despite the wishes of the people who live in those cities, and despite protests from law enforcement that doing so would make those cities more dangerous. The people likely to be hassled by Sessionss favored policy here are, of course, also minorities, whether theyre citizens, legal residents or undocumented. He has expressed his desire to impose federal law on the states that have legalized recreational marijuana. Though Sessions hasnt yet openly targeted those states, thats likely more for practical reasons than ideological ones. He is on record expressing support for enforcing federal drug laws in those states and reportedly has sought support from members of Congress to target medical marijuana distributors in states where the drug is legal. Marijuana prohibition, like all drug prohibition, also disproportionately targets minority groups. And now, Sessions wants to reinstate the adoption program, which would essentially impose federal civil forfeiture law on states that have explicitly acted to make forfeiture more difficult. Forfeiture too disproportionately affects minority groups.
Perhaps its all just coincidence. But theres really only one principle that remains consistent through Sessionss various positions on these issues. And it isnt federalism.