No. 90-1604.

504 U.S. 374 (1992)


United States Supreme Court.

Decided June 1, 1992.

Attorney(s) appearing for the Case

Stephen Gardner, Assistant Attorney General of Texas, argued the cause for petitioner. With him on the briefs were Dan Morales, Attorney General of Texas, pro se, Will Pryor, First Assistant Attorney General, and Mary F. Keller, Deputy Attorney General.

Keith A. Jones argued the cause for respondents. With him on the brief for respondent airlines were David Wilks Corban, Andrew C. Freedman, and Ronald D. Secrest. A brief for 31 State Attorneys General, respondents under this Court's Rule 12.4, in support of petitioner was filed by Daniel E. Lungren, Attorney General of California, Roderick E. Walston, Chief Assistant Attorney General, Herschel T. Elkins, Senior Assistant Attorney General, and Albert Norman Sheldon, Deputy Attorney General, Scott Harshbarger, Attorney General of Massachusetts, and Ernest L. Sarason, Jr., Assistant Attorney General, Hubert H. Humphrey III, Attorney General of Minnesota, and David Woodward, Special Assistant Attorney General, Robert Abrams, Attorney General of New York, and Ronna D. Brown and Andrea C. Levine, Assistant Attorneys General, Charles Cole, Attorney General of Alaska, and James Forbes, Assistant Attorney General, Grant Woods, Attorney General of Arizona, and Carmen D. Claudio, Assistant Attorney General, Gale A. Norton, Attorney General of Colorado, and Garth C. Lucero, First Assistant Attorney General, Richard Blumenthal, Attorney General of Connecticut, and Robert M. Langer, Assistant Attorney General, Robert A. Butterworth, Attorney General of Florida, and Richard F. Scott, Assistant Attorney General, Larry EchoHawk, Attorney General of Idaho, and Brett T. Delange, Deputy Attorney General, Roland W. Burris, Attorney General of Illinois, and Deborah Hagen, Assistant Attorney General, Bonnie J. Campbell, Attorney General of Iowa, and Steve St. Clair, Assistant Attorney General, Robert T. Stephan, Attorney General of Kansas, and Dan Kolditz, Deputy Attorney General, J. Joseph Curran, Jr., Attorney General of Maryland, and Vincent Demarco, Assistant Attorney General, Frank J. Kelley, Attorney General of Michigan, and Frederick H. Hoffecker, Assistant Attorney General, William L. Webster, Attorney General of Missouri, and Clayton S. Friedman, Assistant Attorney General, Don Stenberg, Attorney General of Nebraska, and Paul N. Potadle, Assistant Attorney General, Frankie Sue Del Papa, Attorney General of Nevada, and Philip R. Byrnes, Deputy Attorney General, Lacy H. Thornburg, Attorney General of North Carolina, and K. D. Sturgis, Assistant Attorney General, Nicholas J. Spaeth, Attorney General of North Dakota, and David W. Huey, Assistant Attorney General, Lee Fisher, Attorney General of Ohio, and Mark T. D'Alessandro, Assistant Attorney General, Susan B. Loving, Attorney General of Oklahoma, and Jane F. Wheeler, Assistant Attorney General, Charles Crookham, Attorney General of Oregon, Virginia Linder, Solicitor General, and Michael Reynolds, Assistant Attorney General, James E. O'Neil, Attorney General of Rhode Island, and Terrance Hassett and Lee Baker, Special Assistant Attorneys General, Mark W. Barnett, Attorney General of South Dakota, and Jeffrey P. Hallem, Assistant Attorney General, Charles W. Burson, Attorney General of Tennessee, and Charlotte H. Rappuhn, Assistant Attorney General, Jeffrey L. Amestoy, Attorney General of Vermont, and J. Wallace Malley, Jr., Assistant Attorney General, Kenneth O. Eikenberry, Attorney General of Washington, and Robert F. Manifold, Assistant Attorney General, Mario J. Palumbo, Attorney General of West Virginia, and Don Darling, Deputy Attorney General, James E. Doyle, Attorney General of Wisconsin, and James D. Jeffries and Barbara Tuerkheimer, Assistant Attorneys General, and Joseph B. Meyer, Attorney General of Wyoming, and Mark Moran, Assistant Attorney General.

Stephen L. Nightingale argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Roberts, Assistant Attorney General Gerson, Robert V. Zener, Robert D. Kamenshine, and Arthur J. Rothkopf.*

Scalia, J., delivered the opinion of the Court, in which White, O'Connor, Kennedy, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, in which Rehnquist, C. J., and Blackmun, J., joined, p. 419. Souter, J., took no part in the consideration or decision of the case.

Justice Scalia, delivered the opinion of the Court.

The issue in this case is whether the Airline Deregulation Act of 1978, 49 U. S. C. App. § 1301 et seq., pre-empts the States from prohibiting allegedly deceptive airline fare advertisements through enforcement of their general consumer protection statutes.


Prior to 1978, the Federal Aviation Act of 1958 (FAA), 72 Stat. 731, as amended, 49...

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