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NIXON v. MISSOURI MUNICIPAL LEAGUE

No. 02-1238.

541 U.S. 125 (2004)

NIXON, ATTORNEY GENERAL OF MISSOURI v. MISSOURI MUNICIPAL LEAGUE ET AL.

Supreme Court of United States.

Decided March 24, 2004.

Attorney(s) appearing for the Case

Ronald Molteni, Assistant Attorney General of Missouri, argued the cause for petitioner in No. 02-1238. With him on the briefs were Jeremiah W. (Jay) Nixon, Attorney General, pro se, and James R. Layton, State Solicitor. James A. Feldman argued the cause for the federal petitioners in No. 02-1386. With him on the briefs were Solicitor General Olson, Assistant Attorney General Pate, Deputy Solicitor General Hungar, Catherine G. O'Sullivan, Andrea Limmer, John A. Rogovin, and Richard K. Welch. Michael K. Kellogg, Geoffrey M. Klineberg, and Sean A. Lev filed briefs for Southwestern Bell Telephone, L. P., petitioner in No. 02-1405.

David A. Strauss argued the cause for Missouri Municipal League et al., respondents in all cases. With him on the brief were James Baller and Richard B. Geltman.†

SOUTER, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, KENNEDY, GINSBURG, and BREYER, JJ., joined. SCALIA, J., filed an opinion concurring in the judgment, in which THOMAS, J., joined, p. 141. STEVENS, J., filed a dissenting opinion, p. 142.

JUSTICE SOUTER delivered the opinion of the Court.

Section 101(a) of the Telecommunications Act of 1996, 110 Stat. 70, 47 U. S. C. § 253, authorizes preemption of state and local laws and regulations expressly or effectively "prohibiting the ability of any entity" to provide telecommunications services. The question is whether the class of entities includes the State's own subdivisions, so as to affect the power of States...

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