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implied preemption

Definitions from Case Law · United States Supreme Court

Definitions from Case Law

From 315 U.S. 148 - Cloverleaf Butter Co. v. Patterson, Commissioner of Agriculture & Industries · 1942Most cited · 416 citing opinions

When the prohibition of state action is not specific but inferable from the scope and purpose of the federal legislation, it must be clear that the federal provisions are inconsistent with those of the state to justify the thwarting of state regulation

How often courts cite the case defining “implied preemption”

19401960198020002020203096

Court decisions citing the opinion that defined “implied preemption” — 416 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.