Hencely v. Fluor Corp. · ¶42
Nor is Fluor protected from the consequences of its conduct simply because it was working for the Federal Government and state law is at issue. “[T]here is an implied constitutional immunity of the national government from state taxation and from state regulation of the performance, by federal officers and agencies, of governmental functions.” Penn Dairies, Inc. v. Milk Control Comm'n of Pa., 318 U. S. 261, 269 (1943). For example, States ordinarily cannot “directly regulate or discriminate against” federal officers and agencies. United States v. Washington, 596 U. S. 832, 835 (2022); see also McCulloch v. Maryland, 4 Wheat. 316, 436– 437 (1819). “But those who contract to furnish supplies or render services to the government are not such agencies and do not perform governmental functions.” Penn Dairies, 318 U. S., at 269. Accordingly, absent a statute to the contrary, States can…Read in context ›
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