Lower Costs for Everyday Americans Act

Enumerated powers · passes · severity: minor

Congress has authority under Article I, Section 8 to tax and spend for the general welfare (Clause 1) and to regulate interstate commerce (Clause 3). Health care programs, Medicare/Medicaid expansions, and public health grants fall under the spending power. The commerce clause supports regulations on pharmacy benefit managers, internet-connected devices, and ticket pricing. However, the ban on sodium nitrite products and the prohibition on nonconsensual intimate image publication may exceed the commerce power if applied to purely intrastate, non-commercial conduct. The environmental provisions, such as recycling grants and diesel emission reductions, are also within the spending and commerce powers, though the ethanol blending mandate touches on interstate fuel standards.

Bill of Rights · raises concerns · severity: significant

The bill's prohibition on nonconsensual online publication of intimate visual depictions implicates the First Amendment's protection of speech. While the government can regulate obscenity and certain narrow categories of speech, a blanket prohibition on such images without a prior judicial determination or a clear definition of 'nonconsensual' could chill protected expression. The requirement for manufacturers to disclose cameras/microphones is a commercial disclosure that likely passes First Amendment scrutiny, but the sodium nitrite ban may interfere with the right to purchase and use lawful products, potentially implicating the Ninth Amendment's reservation of unenumerated rights. The bill does not directly infringe the Second, Third, Fourth, Fifth, Sixth, Seventh, or Eighth Amendments, but the lack of due process for the intimate image prohibition is a concern.

Individual liberty · raises concerns · severity: significant

The bill restricts individual freedom in several ways. The ban on products containing 10% or more sodium nitrite by weight restricts the ability of individuals to purchase and use a lawful substance, without a compelling justification that less restrictive means could not achieve. The prohibition on nonconsensual publication of intimate images, while aimed at protecting privacy, imposes a prior restraint on speech and may be overbroad. The disclosure requirements for internet-connected devices and ticket prices are less intrusive but still impose burdens on individuals and businesses. The government has not met its burden to justify these restrictions on personal autonomy and property.

Decentralization · raises concerns · severity: significant

The bill fails the decentralization test on multiple counts. (1) Individuals and families could handle many of these issues without federal involvement, such as choosing health plans or avoiding certain products. (2) Local communities and states can address issues like recycling, drinking water, and even some health care programs without federal mandates. (3) States can regulate intrastate commerce, such as sodium nitrite bans and intimate image publication, without federal intervention. (4) The bill consolidates decision-making at the federal level across health, commerce, and environment, which is not the minimum necessary. This omnibus approach centralizes power and violates the spirit of the Tenth Amendment.

Due process and takings · raises concerns · severity: significant

The bill's prohibition on nonconsensual publication of intimate images lacks procedural due process safeguards. It does not provide for a hearing or judicial determination before the publication is banned, and it may impose liability without fair notice of what constitutes 'nonconsensual.' The sodium nitrite ban is a regulatory taking of property (the product) without just compensation, as it destroys the value of existing inventory. The bill also imposes new disclosure requirements that could be arbitrary if not clearly defined. These provisions fail to meet the Fifth Amendment's due process and takings requirements.