Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
06-457
Term
2007 Term
Oral Argument Date
November 28, 2007
Questions Presented
1. Whether the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”), 49 U.S.C. §14501(c)(1) and 41713(b)(4)(A), preempts states from exercising their historic public health police powers to regulate carriers that deliver contraband such as tobacco and other dangerous substances to children.
2. Whether the FAAAA preempts states from exercising their historic public health police powers to require shippers of contraband such as tobacco and other dangerous substances to utilize a carrier that provides age verification and signature services to ensure that such substances are not delivered to children.
Case Updates
Supreme Court decides federal preemption of local regulation of motor carriers
February 20, 2008
The Supreme Court affirmed the First Circuit’s decision.
U.S. Chamber files amicus brief
October 11, 2007
NCLC urged the Supreme Court to affirm the First Circuit’s determination that Maine’s effort to regulate motor carrier traffic where it involved the unknowing transport of tobacco products is preempted by the federal Motor Carrier Act and the Federal Aviation Administration Authorization Act. In its brief, NCLC stressed that motor carriers should not be required to deal with a patchwork of state regulations and that Congress addressed this concern by enacting uniform national regulation.
Amicus brief in First Circuit filed 12/27/05. Oral argument held 2/10/06. Decided 5/19/06. Cert. granted by Supreme Court 6/25/07.
Amicus brief on the merits filed 10/11/07. Moot court held 11/26/07. Oral argument before Supreme Court held 11/28/07. Decided 2/20/08.