United States Supreme Court.https://leagle.com/images/logo.png
Argued November 1, 1994.
Decided January 18, 1995.
Attorney(s) appearing for the Case
Bruce J. Ennis, Jr., argued the cause for petitioner. With him on the briefs were Jerold S. Solovy, Marguerite M. Tompkins, Donald B. Verrilli, Jr., Richard A. Rothman, Bonnie Garone, and Michael J. Rider.
Gilbert W. Gordon argued the cause for respondents. With him on the brief were Robert Marks, Michael J. Freed, Michael B. Hyman, Nicholas E. Chimicles, Ira Neil Richards, and Steven A. Schwartz.
Cornelia T. L. Pillard argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Solicitor General Days, Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, Robert V. Zener, Jonathan R. Siegel, and Paul M. Geier.*
Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Kennedy, Souter, and Breyer, JJ., joined, and in which Stevens, J., joined as to Parts I (except for the last paragraph) and II—B. Stevens, J., filed an opinion concurring in part and dissenting in part, p. 235. O'Connor, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Thomas, J., joined except for Part I—B, p. 238. Scalia, J., took no part in the decision of the case.
United States Supreme Court.
Justice Ginsburg, delivered the opinion of the Court.
The Airline Deregulation Act of 1978 prohibits States from "enact[ing] or enforc[ing] any law . . . relating to [air carrier] rates, routes, or services." 49 U. S. C. App. § 1305(a)(1). This case concerns the scope of that preemptive provision, specifically, its application to a state-court suit, brought by participants in an airline's frequent flyer program, challenging...
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