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Chamber Of Commerce V. Whiting: A Law Student's Freewheeling Inquiry, Laura E. Ploeg

Villanova Law Review

The Supreme Court, in Chamber of Commerce v. Whiting, should have found that federal law pre-empts the Arizona law, and that the Court’s holding will have serious consequences. Whiting departs from the Court’s traditional application of implied pre-emption and general pre-emption principles, which are well established and have been repeatedly applied over many years. The Court used implied pre-emption principles only a few years ago to strike down a state law with a similar relationship to federal law as the laws in Whiting. The Whiting Court should have found the Arizona law pre-empted by federal law because it undermines several …