Federal Preemption at the Supreme Court

It has been a striking time for federal preemption at the Supreme Court. This past term, the Court heard six preemption cases, deciding four in favor of federal preemption by large margins, one against preemption, and coming to a draw in the sixth case in which Chief Justice John Roberts did not participate. In the coming term, the Court is poised to hear two additional significant preemption cases.

Although the number of preemption cases considered by the Court this term is actually somewhat below the historical average, the Court does appear to be deciding in favor of preemption somewhat more often than usual, and by greater margins.