pre-emption
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 359 U.S. 236 - San Diego Building Trades Council v. Garmon · 1959Most cited · 6,369 citing opinions
When an activity is arguably subject to § 7 or § 8 of the Act, the States as well as the federal courts must defer to the exclusive competence of the National Labor Relations Board if the danger of state interference with national policy is to be averted.
How often courts cite the cases defining “pre-emption”
Court decisions citing the 2 opinions that defined “pre-emption” — 7,577 in all, by decade. Counts are citations to the defining cases 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.
All 2 definitions, chronological · 1959–1960
the intent to supersede the exercise by the state of its police power as to matters not covered by the Federal legislation is not to be inferred from the mere fact that Congress has seen fit to circumscribe its regulation and to occupy a limited field. In other words, such intent is not to be implied unless the act of Congress, fairly interpreted, is in actual conflict with the law of the state.