Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

08-889

Term

Cert. Denied

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Case Updates

Cert. petition denied

April 20, 2009

U.S. Chamber urges Supreme Court to review presumption against preemption and preemptive quality of agency actions

March 04, 2009

NCLC urged the Supreme Court to grant certiorari to decide whether the presumption against preemption applies to conflict preemption cases, and whether agency actions other than adjudication and rulemaking can preempt state law. According to NCLC, with increasing frequency courts are faced with conflict preemption issues. It is therefore of increased importance to decide whether the judicial thumb should be on the scales against a finding of preemption.

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