Federal Preemption

Extracted Attributes

• Types

  Express preemption, Implied preemption (field preemption, conflict preemption)

• Purpose

  To restrict preemption to only where it is explicit or necessary

• Legal Principle

  Invalidation of U.S. state law that conflicts with federal law

• Application Scope

  Applies regardless of whether conflicting laws come from legislatures, courts, administrative agencies, or constitutions

• Constitutional Basis

  Supremacy Clause (Article VI, Clause 2) of the U.S. Constitution

Timeline

• The Supreme Court's decision in Rice v. Santa Fe Elevator Corp. established principles for 'field preemption', where federal law occupies an entire regulatory area. (Source: Web Search Results)

  1947-01-01

• In Maryland v. Louisiana, the Supreme Court affirmed that state laws conflicting with federal law are 'without effect'. (Source: Web Search Results)

  1981-01-01

• The Supreme Court in Altria Group v. Good reiterated that a federal law that conflicts with a state law will preempt that state law. (Source: Web Search Results)

  2008-01-01

• The Supreme Court in Hughes v. Talen Energy Mktg., LLC reaffirmed the concept that 'federal law preempts contrary state law'. (Source: Web Search Results)

  2016-01-01

Federal preemption

In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. The rules of preemption seek to restrict it to only where it is explicit or necessary. In the course of adjudicating cases, the issue of preemption may be heard in either state or federal court.

Web Search Results

• Federal preemption - Wikipedia

  Wikipedia The Free Encyclopedia ## Contents # Federal preemption In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. The rules of preemption seek to restrict it to only where it is explicit or necessary. In the course of adjudicating cases, the issue of preemption may be heard in either state or federal court. ## Constitutional basis [...] (a) Agencies shall construe, in regulations and otherwise, a Federal statute to preempt State law only where the statute contains an express preemption provision or there is some other clear evidence that the Congress intended preemption of State law, or where the exercise of State authority conflicts with the exercise of Federal authority under the Federal statute. [...] As the Supreme Court stated in Altria Group v. Good, 555 U.S. 70 (2008), a federal law that conflicts with a state law will overtake, or "preempt", that state law: Consistent with that command, we have long recognized that state laws that conflict with federal law are "without effect". Maryland v. Louisiana, 451 U. S. 725, 746 (1981)

• [PDF] AN INTRODUCTION TO FEDERAL PREEMPTION | A Better Balance

  Prepared by A Better Balance for the Legal Effort to Address Preemption (LEAP) Project, May 2017 The information contained in this document does not constitute legal advice. 1 AN INTRODUCTION TO FEDERAL PREEMPTION FEDERAL PREEMPTION AND THE SUPREMACY CLAUSE Federal preemption is the concept that “federal law preempts contrary state law.” Hughes v. Talen Energy Mktg., LLC, 136 S.Ct. 1288, 1297 (2016). The source for federal preemption is found in the Supremacy Clause in Article VI of the United [...] Instead, the Supremacy Clause, and the doctrine of federal preemption that arises from it, is essentially a choice-of-law provision, stating that where valid federal and state and local laws are in conflict, the federal laws prevail. The clause itself makes clear that federal law is supreme only when those laws are made “in pursuance” of the Constitution and “under the authority of the United States.” U.S. CONST., Art. VI, cl. 2., see also Printz v. U.S., 521 U.S. 898, 924-25 (1997) (noting [...] preemption occurs when Congress has legislated in an area of law in so comprehensive a manner that we can infer that Congress intended that its regulations be the only ones in that area, creating nationally uniform regulation. Northwest Central Pipeline Corp. v. State Corp. Comm’n of Kan., 489 U.S. 493, 509 (1989)(A state law is preempted where “Congress has legislated comprehensively to occupy an entire field of regulation, leaving no room for the States to supplement federal law.”). In U.S.

• [PDF] Federal Preemption: A Legal Primer

  Constitution’s Supremacy Clause provides that “the Laws of the United States . . . shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”1 This language is the foundation for the doctrine of federal preemption, under which federal law supersedes conflicting state laws.2 Federal preemption of state law is a ubiquitous feature of the modern regulatory state and “almost [...] Research Service 2 local regulation,9 and the gap-filling role of state common law in deterring harmful conduct and compensating injured plaintiffs.10 In addition to these general normative disputes, preemption decisions also raise narrower interpretive issues. As Figure 1 illustrates, the Supreme Court has identified two general types of preemption. First, federal law can expressly preempt state law when a federal statute or regulation contains explicit preemptive language. Second, federal law [...] preemption case law and the federalism literature. Proponents of broad federal preemption often cite the benefits of uniform national regulations6 and the concentration of expertise in federal agencies.7 Opponents typically appeal to the importance of policy experimentation,8 the greater democratic accountability that they believe accompanies state and 1 U.S. CONST. art. VI, cl. 2. 2 Murphy v. Nat’l Collegiate Athletic Ass’n, 138 S. Ct. 1461, 1479 (2018); Gade v. Nat’l Solid Wastes Mgmt. Ass’n,

• preemption | Wex | US Law | LII / Legal Information Institute

  Cornell University insignia # preemption The preemption doctrine is the idea that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict. #### Federal Preemption [...] When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution. U.S. Const. Art. VI., § 2. Preemption applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions. For example, the Voting Rights Act, an act of Congress, preempts state constitutions, and FDA regulations may preempt state court judgments in cases involving prescription drugs. [...] Congress has preempted state regulation in many areas. In some cases, such as medical devices, Congress preempted all state regulation. In others, such as labels on prescription drugs, Congress allowed federal regulatory agencies to set national minimum standards, but did not preempt state regulations imposing more stringent standards than those imposed by federal regulators. Where rules or regulations do not clearly state whether or not preemption should apply, the Supreme Court tries to

• [PDF] The Law of Preemption - National Association of Attorneys General

  Preemption When a federal statute or regulatory scheme is so extensive and detailed that it leaves no room for the States to act, that entire field of regulation and all state law regulating within it is said to be preempted. Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 (1947). on those occasions where the Supreme court has found that congress has “occupied the field,” it has usually involved a subject matter of particular federal interest or committed to federal control by history and [...] congress, both expressly or impliedly, can preempt not just a specific matter, but an entire field. This is known as “field preemption.” Express Preemption “express preemption” occurs when congress puts language into a federal statute expressly declaring that state law is preempted. For example, the Federal Aviation Administration Authorization Act of 1994 (FAAAA), 49 U.S.c. §14501(c), provides that “a State . . . may not enact or enforce a law, regulation, or other provision having the force [...] normal federal preemption analysis. Under normal federal preemption doctrines, state laws may apply on federal lands or in areas of federal interest except to the extent they conflict with federal law. Kleppe v. New Mexico, 426 U.S. 529, 543 (1976). in native American affairs preemption analysis, the presumption is reversed: state laws are generally inapplicable as against native Americans in “indian country,” except where congress provides to the contrary. The presumption is applied with