Legal Opinion

City of Abilene v. Federal Communications Commission

Court of Appeals for the D.C. Circuit

Decided January 5, 1999No. 19-3033PublishedCited by 31 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The State of Texas has a law prohibiting its municipalities from providing telecommunications services. The United States has a law against state statutes that bar “any entity” from this line of business. If a Texas municipality is “any entity,” the Supremacy Clause, U.S. Const, art. VI, cl. 2, would render the Texas law a nullity, or so it is claimed. In legal parlance, the federal law would “preempt” the state law. The question here is whether the Federal Communications Commission, which administers the federal…

2Cases cited9 opinions

  1. Reynolds v. SimsSupreme Court of the United States · 1964
  2. Gregory v. AshcroftSupreme Court of the United States · 1991
  3. Wisconsin Public Intervenor v. MortierSupreme Court of the United States · 1991
  4. Sailors v. Board of Ed. of Kent Cty.Supreme Court of the United States · 1967
  5. Lower Colorado River Authority v. City of San MarcosTexas Supreme Court · 1975

4 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Puerto Rico Telephone Co. v. Telecommunications Regulatory BoardCourt of Appeals for the First Circuit · 1999
  2. Nixon v. Missouri Municipal LeagueSupreme Court of the United States · 2004
  3. American Bar Ass'n v. Federal Trade CommissionCourt of Appeals for the D.C. Circuit · 2005
  4. Cablevision of Boston, Inc. v. Public Improvement Commission of the City of BostonCourt of Appeals for the First Circuit · 1999
  5. Lincoln Electric System v. Nebraska Public Service CommissionNebraska Supreme Court · 2003

26 more not listed; retrieve them via the Exa API.

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