Following the US Supreme Court’s decision in Monsanto v. Durnell, legal observers are examining how the ruling could influence broader questions about federal preemption and the scope of agency authority. The opinion, particularly Justice Clarence Thomas’ concurrence, highlights ongoing constitutional debates that could have far-reaching implications beyond the immediate dispute.
“Justice Thomas notes a few areas in which this case actually could touch on and raise broader issues,” Bracewell’s Peter Siegal told Law360. “An interesting one is the question of the ability of federal agency action to preempt state law, and that’s an important developing issue that Justice Thomas touches on.”
“Justice Thomas’ point is: If agency action is law, then we’ve got a problem, because the Constitution says a law is made when Congress passes a statute and the president signs it, not when some agency acts,” Siegal said. “So it can’t be law, essentially. And if it can’t be law, then what’s it doing preempting state law?”
