Petition of the day
The petition of the day is:
Issue(s): Whether 49 U.S.C. § 14501(c)(1), which provides that “a State [or] political subdivision . . . may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of any motor carrier . . . with respect to the transportation of property,” contains an unexpressed “market participant” exception and permits a municipal governmental entity to take action that conflicts with the express preemption clause, occurs in a market in which the municipal entity does not participate, and is unconnected with any interest in the efficient procurement of services.
Certiorari stage documents:
- Opinion below (9th Cir.)
- Petition for certiorari
- Brief in opposition of City of Los Angeles, et al.
- Brief in opposition of National Resources Defense Council, et al.
- Amicus brief of Airlines for America
- Amicus brief of the Chamber of Commerce and the Nat'l Industrial Transportation League
- Amicus brief of Center for Constitutional Jurisprudence and Harbor Trucking Association
- Amicus brief for Owner-Operator Independent Drivers Association, Inc.
- Reply of petitioner
Recommended Citation: Kali Borkoski, Petition of the day, SCOTUSblog (Jan. 31, 2012, 4:36 PM), http://www.scotusblog.com/2012/01/petition-of-the-day-237/