Hencely v. Fluor Corp. · ¶18
The Supremacy Clause provides that the Constitution, federal statutes, and treaties are “the supreme Law of the Land; . . . any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Art. VI, cl. 2. “[W]hen a regulated party cannot comply with both federal and state directives, the Supremacy Clause tells us the state law must yield.” Martin v. United States, 605 U. S. 395, 409 (2025). But, “[t]here is no federal pre-emption in vacuo, without a constitutional text or a federal statute to assert it.” Puerto Rico Dept. of Consumer Affairs v. ISLA Petroleum Corp., 485 U. S. 495, 503 (1988). Instead, “the federal restrictions or rights that are said to confict with state law must stem from either the Constitution itself or a valid statute enacted by Congress.” Kansas v. Garcia, 589 U. S. 191, 202 (2020).Read in context ›
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