Federal Preemption at the Supreme Court, by Daniel E. Troy and Rebecca K. Wood


It has been a striking time for federal preemption at the Supreme Court. This past term, the Court heard six preemption cases, deciding four in favor of federal preemption by large margins, one against preemption, and coming to a draw in the sixth case in which Chief

Justice John Roberts did not participate.1 In the coming term, the Court is poised to hear two additional significant preemption cases.2

Although the number of preemption cases considered by the Court this term is actually somewhat below the historical average, the Court does appear to be deciding in favor of preemption somewhat more often than usual, and by greater margins.3 This term?s preemption decisions tended to reflect broad agreement, with a series of nine-, eight-, and seven-justice majorities?often joining together

some of the Court?s most liberal and conservative members. The table on the following page illustrates the point.

Please see full article for more information. (This is from the Cato Supreme Court Review 2007-2008).

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