Supreme Court of the United States

Delbert Williamson v. Mazda Motor of America, Inc. — Sotomayor, J., Concurring

February 23, 2011179 L. Ed. 2d 75

Summary

Justice Sotomayor concurred, agreeing with the majority that the state tort suit is not preempted. She emphasized that under Geier, implied preemption requires evidence that a regulatory objective depends on manufacturers having a choice between options, which was lacking here. Justice Thomas concurred in the judgment, relying directly on the Safety Act's saving clause and criticizing purposes-and-objectives preemption as unconstitutional.