This summer brought the close of another busy U.S. Supreme Court term for the Constitution’s Supremacy Clause. The court issued seven preemption decisions—slightly more than average—including rulings with immediate implications for healthcare, products liability, federal employee benefits, and transportation. What do these decisions tell us about the Roberts Court’s approach to the balance between federal and state power?
Discerning trends in the law of preemption can be difficult. The court has instructed that “the purpose of Congress is the ultimate touchstone” in its preemption analysis, and Congress’s purpose naturally varies from statute to statute.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
