Lorillard Tobacco Company v. Reilly, 533 U.S. 525 (2001). What is MA trying to do? Types of Preemption Explicit Implicit How is the United States Supreme Court's preemption analysis similar to a Chevron analysis?. Preemption Language.
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What did the court find was the congressional intent?
The context in which Congress crafted the current pre-emption provision leads us to conclude that Congress prohibited state cigarette advertising regulations motivated by concerns about smoking and health.
Justice Stevens finds it ironic that we conclude that "federal law precludes States and localities from protecting children from dangerous products within 1,000 feet of a school," in light of our prior conclusion that the "Federal Government lacks the constitutional authority to impose a similarly-motivated ban" in United States v. Lopez, 514 U. S. 549 (1995).