Several political candidates won elections recently with calls to reinvigorate states’ rights. The U.S. Supreme Court has famously been accused of following the nation’s election returns, and, coincidentally or not, states’ rights will be front and center in the minds of the Supreme Court justices this term. In particular, the court will consider the proper balance between federal and states’ rights in three important cases involving the doctrine of pre-emption.
The Supreme Court has recognized several species of pre-emption, though the categories tend to overlap. “Express” pre-emption occurs when Congress precludes state regulation in a particular area by announcing such an intention in the text of a statute. “Implied” pre-emption occurs when state laws conflict with federal law, either by directly penalizing federal compliance or simply by interfering with the accomplishment of the “full purposes and objectives” of a congressional enactment. “Field” pre-emption is another type of implied pre-emption used to invalidate state laws where the depth and breadth of federal regulation in an area suggests a congressional desire to occupy that entire legislative field.
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