Forum
U.S. Supreme Court
Case Status
Docket Number
06-939
Term
2007 Term
Oral Argument Date
March 19, 2008
Case Updates
Supreme Court enforces federal preemption of state labor law
June 19, 2008
The Supreme Court struck down the California law. Reversing the Ninth Circuit's en banc opinion, the Supreme Court agreed with the Chamber of Commerce and held that the law is preempted because it regulates a zone protected and reserved for market freedom.
U.S. Chamber files cert. petition regarding federal preemption of state labor law
January 09, 2008
NCLC challenged a Ninth Circuit decision holding that a California law prohibiting employers who receive more than $10,000 in state funds annually from using those funds “to assist, promote, or deter union organizing” was not preempted by the National Labor Relations Act (NLRA). A federal district court ruled in September 2002 that certain provisions of the California law were preempted by the NLRA; a three judge appeals court panel unanimously agreed in April 2004; the panel again supported preemption in a 2-1 ruling in September 2005, but was reversed by the full Ninth Circuit in September 2006.
Case Documents
- Chamber of Commerce, et al. v. Lockyer, et al. (Cert. Petition, 1-5-07).pdf
- Chamber of Commerce, et al. v. Brown, Jr., et al. (SCOTUS Cert. Opposition, 3-9-07).pdf
- Chamber of Commerce, et al. v. Brown, Jr., et al. (SCOTUS SG Brief, 10-19-07).pdf
- Chamber of Commerce, et al. v. Brown, Jr., et al. (SCOTUS Merits Brief, 1-9-08).pdf
- Chamber of Commerce, et al. v. Brown, Jr., et al. (SCOTUS SG Brief, 1-16-08).pdf
- Chamber of Commerce, et al. v. Brown, Jr., et al. (SCOTUS Brief for State, 2-12-08).pdf
- Chamber of Commerce, et al. v. Brown, Jr., et al. (SCOTUS Decision, 6-19-08).pdf