City of Abilene v. Federal Communications Commission
Court of Appeals for the D.C. Circuit
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
- Reynolds v. SimsSupreme Court of the United States · 1964
- Gregory v. AshcroftSupreme Court of the United States · 1991
- Wisconsin Public Intervenor v. MortierSupreme Court of the United States · 1991
- Sailors v. Board of Ed. of Kent Cty.Supreme Court of the United States · 1967
- Lower Colorado River Authority v. City of San MarcosTexas Supreme Court · 1975
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3Cited by31 opinions
- Puerto Rico Telephone Co. v. Telecommunications Regulatory BoardCourt of Appeals for the First Circuit · 1999
- Nixon v. Missouri Municipal LeagueSupreme Court of the United States · 2004
- American Bar Ass'n v. Federal Trade CommissionCourt of Appeals for the D.C. Circuit · 2005
- Cablevision of Boston, Inc. v. Public Improvement Commission of the City of BostonCourt of Appeals for the First Circuit · 1999
- Lincoln Electric System v. Nebraska Public Service CommissionNebraska Supreme Court · 2003
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