Nick Kam

A sampling of retired Judge John Robert Brown’s delights from the 5th Circuit Court of Appeals:

“Congress, of course, has the Cold Power to preempt. Of the three situations discussed by the Court, the first (direct conflict) is easy, for it is Crystal Clear that the state law must yield. The third, in which the ordinance may supplement the federal law and thereby extend or increase the degree of regulation, is more troublesome. For where Congress has chosen to fashion a regulatory scheme that is only the Head and Shoulders, but has not opted to regulate every aspect of the area, the states have implied power to flesh out the body. It is where Congress fails to clearly signify, with an appropriate preemption clause, its intent to fully occupy the area regulated that the problem arises. With some Joy, the Court finds there is such a clause.”

Chemical Specialties Manufacturers Ass’n, Inc. v. Clark, 482 F. 2d 325 (5th Cir. 1973).

See more of Judge Brown’s antics here and here.