Legal Opinion · Dissent

Chamber of Commerce of the United States v. Lockyer

Court of Appeals for the Ninth Circuit

Decided September 6, 2005No. 03-55166, 03-55169Published

1DissentFisher, Circuit Judge

This case requires us to balance two important governmental interests: the ability of states to control the use of their own funds, and the federal government’s national labor policy. The majority’s critical error is in failing to recognize our responsibility to honor both of these interests to the extent possible — instead, it gives short shrift to California’s sovereign*995ty interests through an overbroad application of federal labor preemption doctrine that conflicts with both our past precedent and that of the Supreme Court. The majority’s preemption analysis subverts important federalism…

2Cases cited17 opinions

  1. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  2. Rust v. SullivanSupreme Court of the United States · 1991
  3. Maryland v. LouisianaSupreme Court of the United States · 1981
  4. Linn v. United Plant Guard Workers of America, Local 114Supreme Court of the United States · 1966
  5. Farmer v. United Brotherhood of Carpenters & Joiners of America, Local 25Supreme Court of the United States · 1977

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