November 14, 2018

Virginia Uranium and a Motive-based Preemption Analysis

Andrene Dabaghi

One issue posed to the newly composed Supreme Court this term is the role of legislative motive in preemption analysis. On November 5, the Court heard oral argument in Virginia Uranium, Inc. v. Warren, No. 16-725 (2017). At the center of this case lies the question of how far a court should inquire into a state legislature’s motives when deciding whether a federal law preempts a state statute. 

Premium Content For:
  • Current ABA Member
Join - Now