Past Preemption Opinions May Indicate Newest Justiceís Pull on Courtís Statutory-Construction Tug-of-War
By Frank Cruz-Alvarez, a Partner, and Talia Zucker, an Associate, with Shook, Hardy & Bacon, LLP in the firm’s Miami, FL office.
Legal Opinion Letter, June 16, 2017, 2 pages
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Two decisions written by Justice Neil Gorsuch during his service on the US Court of Appeals for the Tenth Circuit provide insight on how he analyzes arguments that federal regulation preempts state regulation or state-law legal claims.