The preemption doctrine refers to 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 PreemptionWhen state law and federal law conflict, federal law...
Supremacy Clause
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Issue
Does the National Voter Registration Act preempt state law to the level that lower courts should afford Congress greater deference under the Elections Clause?
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FactsArizona voters passed a state initiative, Proposition 200, on...
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See Preemption; constitutional clauses. Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even...
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Whether signatories to a multi-state compact agree to give up their sovereign rights to exclusive use within their borders and to the licensing of permits for the use of water...
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In 2018, the District Attorney of the County of New York (“District Attorney”) initiated a grand jury investigation into “whether several individuals and entities have committed criminal violations of New York law.” Trump v. Vance at 635. As part of...
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In 2021, Texas enacted a law which, in part, prohibits physicians from performing abortions on pregnant women once the fetus has a discernable heartbeat. Whole Woman’s Health v. Jackson I, at 4–5. The law, referred to as Senate Bill 8 (“S.B. 8”) limits...
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The Hanford site is a decommissioned federal facility for nuclear production in Washington State. United States v. Washington at 858. While active during World War II and the Cold War, approximately two-thirds of the United States’ weapons grade...
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Shortly after the second World War, Congress enacted the Atomic Energy Act of 1954 (the “AEA”), which regulates both civilian and military uses of nuclear materials in the United States and promotes the safe use of atomic energy. Virginia Uranium, Inc...
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On August 14, 2002 the Williamsons were driving in a 1993 Mazda MPV minivan through Utah. See Brief for Petitioners, Delbert Williamson, et al. at 16. Petitioner Delbert Williamson was driving, and his wife, Thanh Williamson and their daughter Alexa...