As I wrote about previously on our blog, the Massachusetts Right to Repair amendment passed in November is up against a lawsuit from auto manufacturers. Now, the Massachusetts’ Attorney General’s office has responded stating that the state law does not conflict with any federal statute and that voters already rejected all of the lawsuits allegations. The Attorney General’s office further argues that the primary claim of this lawsuit relies on non-binding agency guidance, which is simply not enough to preempt the amendment. There is a heavy burden for facial, pre-enforcement challenges established by the Supreme Court and the First Circuit. At this point, the Attorney General has agreed not to enforce the law until the litigation has concluded. Massachusetts argues that rejecting the law before it takes effect is subversive to the democratic process. The case is set for a bench trial in June 2021. We’ll follow the case as it makes its way into the new year.

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