Legal Opinion
Preemptive Effect of Defense Production Act Order on State Law
Department of Justice Office of Legal Counsel
Decided March 3, 2026Published
1Opinion of the Court
(Slip Opinion) Preemptive Effect of Defense Production Act Order on State Law Presidential orders issued as an exercise of congressionally delegated authority or the President’s constitutional powers have the force of federal law under the Supremacy Clause and may preempt state law. An order issued pursuant to the Defense Production Act may preempt state laws expressly or by conflict. An order issued pursuant to the Defense Production Act may displace sanctions for non- compliance with a contrary consent decree, even if that consent decree rests on federal- law claims. March 3, 2026…
2Cases cited45 opinions
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- Youngstown Sheet & Tube Co. v. SawyerSupreme Court of the United States · 1952
- Wayte v. United StatesSupreme Court of the United States · 1985
- Chrysler Corp. v. BrownSupreme Court of the United States · 1979
- English v. General Electric Co.Supreme Court of the United States · 1990
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