Supreme Court of the United States

City of Columbus v. Ours Garage and Wrecker Service, Inc. — Scalia, J., Dissenting

June 20, 2002536 U.S. 424

Summary

Justice Scalia, joined by Justice O'Connor, dissents from the Court's holding that the safety regulatory authority of a State under 49 U.S.C. § 14501(c)(2)(A) encompasses political subdivisions. He argues that the statutory text and structure distinguish between States and political subdivisions, noting the explicit inclusion of subdivisions in some exceptions but not the one at issue. Scalia contends the Court misapplies federalism principles to override clear textual differences.