Questions tagged [preemption]

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21 votes
4 answers

Who pays for the damages caused by the government attempting to enforce a preempted or unconstitutional law?

Some laws are obviously contradicted by higher laws, such as bills of attainder being prohibited explicitly by the US constitution. Say some level of government (state, federal, or local) ignores this ...
interfect's user avatar
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3 votes
3 answers

Federal Law vs Federal Law

What happens when a federal law conflicts with another federal law? What happens if the conflict is the result of amendments to either law, and both laws have been amended many times. For example, the ...
Ron Ronron's user avatar
6 votes
0 answers

Are extended magazines legal in chicago/cook county for ccw holders?

There are some different laws surrounding Chicago and Cook County's handgun magazines. Here is Cook County's law regulating handguns Here is Chicago's law regulating handguns. Chicago: "High ...
2agoat's user avatar
  • 69
3 votes
1 answer

If Roe is overturned, could Congress still protect abortion rights?

If the Supreme Court does decide to overturn Roe and leave abortion up to the states, would passing the Women's Health Protection Act allow Congress to pre-empt any state laws prohibiting abortion, or ...
BakedAlaska624's user avatar
3 votes
2 answers

Can states and localities have stronger immigration status-based employment discrimination laws than the federal law?

8 USC §1324b prohibits employers from discriminating against employees or prospective employees on the basis of immigration status, if the individual in question is a citizen or national of the ...
Brian's user avatar
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3 votes
2 answers

Are partner notification laws in conflict with HIPAA?

HIPAA (Health Insurance Portability and Accountability Act) requires health care providers only share medical information with family members under the patient's consent. However regarding HIV/AIDS ...
Ryan's user avatar
  • 177
3 votes
2 answers

Why is Supreme Court seeking brief from Attorney General?

It's a well-known concept that federal law preempts state law. Apparently, as per LA Times Op-Ed The case against Colorado's pot law, Nebraska and Oklahoma are suing Colorado to invalidate Colorado's ...
cnst's user avatar
  • 5,058
6 votes
1 answer

Why do municipalities keep laws on the books that are invalid?

Why do some municipalities keep laws on the books that are not valid? For example, what if municipal law violates state law (for example, due to the state law having preemption) -- is it up to the ...
cnst's user avatar
  • 5,058