Supreme Court of the United States
Nixon v. Missouri Municipal League
March 24, 2004541 U.S. 125
Summary
The Court held that Section 253(a) of the Telecommunications Act of 1996 does not preempt state laws prohibiting political subdivisions from providing telecommunications services, reasoning that "any entity" does not include state subdivisions given the absurd results of federal preemption of state self-regulation and the lack of a clear statement under Gregory v. Ashcroft. Justice Stevens dissented, arguing the statute protects municipal authority from state withdrawal, and Justice Scalia concurred in the judgment on clear statement grounds.