Supreme Court of the United States
Rowe v. New Hampshire Motor Transport Association
February 20, 2008552 U.S. 364
Summary
The Court held that the Federal Aviation Administration Authorization Act of 1994 preempts two provisions of Maine's tobacco delivery law because they relate to motor carrier price, route, or service. The Court rejected Maine's argument for a public health exception, finding the provisions significantly impact federal deregulatory objectives. Ginsburg concurred on the need for Congressional action to fill the regulatory gap regarding youth tobacco access; Scalia concurred in part, questioning reliance on legislative history.