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Press Release: 300+ Democratic and Republican State Legislators From 48 States Urge Biden to End ISDS

Reposted with permission.

For immediate release: August 5, 2024

Rep. Pricey Harrison (D-NC) and Sen. Tim Mathern (D-ND) Join 300+ State Legislators From 48 States in Bipartisan Call to Biden: Eliminate ISDS to Preserve U.S. Sovereignty and States’ Rights

RALEIGH – Today, on the first day of the National Conference of State Legislatures (NCSL) annual summit in Louisville, Ky., more than 300 state legislators from across the political spectrum are calling on President Biden to use all means at his disposal to eliminate the threat of Investor-State Dispute Settlement (ISDS) from all U.S. trade and investment agreements.

The bipartisan letter reiterates the position of the NCSL, which represents the legislatures of all 50 states and the District of Columbia, opposing trade deals “with investment chapters that provide greater substantive or procedural rights to foreign companies than U.S. companies enjoy under the U.S. Constitution.”

The legislators note President Biden has followed through on his campaign promise to exclude ISDS from new trade negotiations. But, the legislators emphasize that ISDS in existing agreements continues to threaten the policy space that is needed to “maintain high-level public health standards, create clean energy jobs, protect the digital privacy and data-security,” of those they represent.

Text of the letter and full list of signatories are available here

Quotes from Signatory Legislators:

“North Carolina lost 40% of our manufacturing jobs during the era of corporate-dominated trade policy, and it’s long overdue that we change course. Getting rid of ISDS, which embodies the runaway corporate power embedded in our trade deals, is a great place to start. These extreme corporate rights undermine democracy and critical public interest protections here at home and around the globe. I’m glad to see so many colleagues from across the political spectrum joining me in this effort.”

– State Representative Pricey Harrison (D-North Carolina)

“The Commonwealth of Kentucky does not get to negotiate foreign trade agreements, but our businesses can certainly be adversely affected by them. The ISDS provisions of Federal trade agreements give foreign investors an unconstitutional advantage in challenging State and local laws and court judgements, and demanding compensation. This Federal practice that violates the spirit of the 10th Amendment must be stopped at the Federal level.”

– State Representative John Hodgson (R-Kentucky)

 “Outdated trade rules like ISDS can pose a real threat to states’ sustainable energy initiatives and the good-paying jobs they create. As an organic farmer committed to curtailing the severe impacts of climate change and strengthening rural economies, I urge the administration to eliminate this antiquated mechanism that stands in the way of sustainable food systems and the clean energy economy we need to build for our children and grandchildren.”

– State Senator Craig Hickman (D-Maine)

“I stand unapologetically with America First principles by demanding President Biden strip away the ISDS shackles from our trade deals. These provisions are a direct assault on our national sovereignty, allowing foreign vultures to undermine our laws and bleed American taxpayers dry. It’s high time we slam the door shut on these globalist exploits and reclaim our country’s rights. America first, always!”

– State Senator Brian Lenney (R-Idaho)

“This system is cumbersome, frustrating and can harm state and national businesses. Our efforts to oppose and phase out ISDS wherever we can benefit our country in a number of ways, and I’m encouraged by the progress we’re achieving. I’m hopeful that more legislators can support these efforts and help this push.”

– State Senator Saud Anwar (D-Connecticut)