Monsanto v. Durnell · ¶89

Third, and relatedly, the Act raises questions about the extent to which federal agency action can preempt state law, a form of preemption taken for granted by the parties in this case. See Brief for Respondent 37, 39, 43, 49. The Supremacy Clause makes “[t]his Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties . . . the supreme Law of the Land.” Art. VI, cl. 2. The Constitution, federal law, and treaties thus preempt any conflicting state law. See, e.g., Wyeth v. Levine, 555 U. S. 555, 584–588 (2009) (THOMAS, J., concurring in judgment). Administrative action appears difficult to fit under the Supremacy Clause. Agency action is not the Constitution. Nor is it a treaty. And, “Laws” are made by Congress and the President through bicameralism and presentment. See Art. I, §7, cl. 2. So, if “agency action qualifies as ‘supreme Law,’”…

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.