Monsanto v. Durnell · ¶90

Of course, to the extent that federal agency action is treated with the force of law, regulated parties should likely not be compelled by state law to take contradictory actions. See Wyeth, 555 U. S., at 588 (opinion of THOMAS, J.) (agreeing that valid federal regulations can preempt conflicting state laws). But, the difficulty illustrates the consequences of the modern administrative state and our mistaken separation-of-powers jurisprudence. If agencies were not exercising core legislative power, especially through schemes that exceed even Congress’s powers, there would be far less occasion to address conflicts between agency actions and state law that the Constitution’s Framers would not have envisioned.

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