Petition of the day
The petition of the day is:
Issue: 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.
Recommended Citation: Ben Cheng, Petition of the day, SCOTUSblog (Dec. 18, 2012, 11:02 PM), http://www.scotusblog.com/2012/12/petition-of-the-day-384/