The petition of the day is:


Issue(s): (1) Whether the circuit court’s ruling violated the Supremacy Clause by failing to enforce the unambiguous terms of a later-enacted statute under the last-in-time rule; (2) whether the Supremacy Clause supports a presumption that an Act of Congress should not be read to abrogate treaty provisions; and (3) whether the circuit court’s invocation of a plain statement rule in connection with a facially unambiguous statute violated the Supremacy Clause by elevating the terms of pre-existing executive agreements over conflicting and unambiguous provisions of a later-enacted statute.

Posted in Owner-Operator Independent Drivers Association v. Department of Transportation, Cases in the Pipeline

Recommended Citation: Maureen Johnston, Petition of the day, SCOTUSblog (Jun. 13, 2014, 10:11 PM),