Concurrence in Part and In The Judgment
Justice Kennedy concurred but thought that Congress had expressly preempted this area and that the application of implicit preemption in this case expanded the doctrine too far. Kennedy, agreeing that the state laws are pre-empted, concluded that the result is mandated by the express terms of § 18(b) of the OSH Act and that the scope of pre-emption is also defined by the statutory text. Such a finding is not contrary to the longstanding rule that this Court will not infer pre-emption of the States' historic police powers absent a clear statement of intent by Congress. Unartful though § 18(b)'s language may be, its structure and language, in conjunction with subsections (a), (c), and (f), leave little doubt that in the OSH Act Congress intended to pre-empt supplementary state regulation of an occupational safety and health issue with respect to which a federal standard exists. Pp. 109, 111-113.
Read more about this topic: Gade V. National Solid Wastes Mgt. Ass'n
Famous quotes containing the words part and/or judgment:
“These are days ... when a great cloud of trouble hangs and broods over the greater part of the world.... Then all about them, all about us, sits the silent, waiting tribunal which is going to utter the ultimate judgment upon this struggle.... No man is wise enough to produce judgment, but we call hold our spirits in readiness to accept the truth when it dawns on us and is revealed to us in the outcome of this titanic struggle.”
—Woodrow Wilson (1856–1924)
“These are days ... when a great cloud of trouble hangs and broods over the greater part of the world.... Then all about them, all about us, sits the silent, waiting tribunal which is going to utter the ultimate judgment upon this struggle.... No man is wise enough to produce judgment, but we call hold our spirits in readiness to accept the truth when it dawns on us and is revealed to us in the outcome of this titanic struggle.”
—Woodrow Wilson (1856–1924)