Litigation Alert: Maxwell-Jolly: Supreme Court Considers Whether Supremacy Clause Can Be Used to Directly Challenge State Statutes
10/11/2011
The Supreme Court has just heard oral argument in a case that raises the issue of whether the Supremacy Clause of the federal constitution provides plaintiffs with a direct cause of action to challenge state decisions that they believe to be incompatible with federal law. If the Supreme Court recognizes such a cause of action, it could greatly expand the number and variety of state decisions that could be challenged in federal court.
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