Miller v. Southeastern Pennsylvania Transportation Authority

DISSENTING OPINION BY

Judge COHN JUBELIRER. .

Because there is a longstanding presumption “that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress,” Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230, 67 S.Ct. 1146, 91 L.Ed. 1447 (1947), I respectfully dissent. See also Medtronic, Inc. v. Lohr, 518 U.S. 470, 485, 116 S.Ct. 2240, 135 L.Ed.2d 700 (1996) (stating that “because the States are independent sovereigns in our federal system, we have long presumed that Congress does not cavalierly preempt…