Document Type
Brief
Publication Date
8-10-2020
Abstract
Amici are scholars in various fields of public law that bear on federal preemption of state law.<\p>
The Court of Appeals made two decisions in this case with broad significance to the law of federal preemption. The first was that this Court’s general presumption against preemption in construing federal statutes, articulated in Rice v. Santa Fe Elevator Co., 331 U.S. 218, 230 (1947), had no application because bankruptcy has “a history of significant federal presence.” Pet. App. at 33a34a. Nearly every regulatory field has a significant federal presence, and so the Court of Appeals’ misreading of this Court’s preemption precedents threatens to disrupt preemption analysis not just in bankruptcy but across the board. This Court has at times said that Rice governs all preemption cases, see Medtronic, Inc. v. Lohr, 518 U.S. 470, 485 (1996); at a minimum, it governs those areas with a “historic presence of state law,” Wyeth v. Levine, 555 U.S. 555, 565 n.3 (2009). Because the Bankruptcy Code incorporates state law and states have regulated fraudulent transfers since the early Republic, Rice should apply under either standard.<\p>
Recommended Citation
Mendelson, Nina, "Deutsche Bank Trust Company Americas v. Robert R. McCormick Foundation: Brief of Public Law Scholars as Amici Curiae in Support of Petitioner" (2020). Appellate Briefs. 71.
https://repository.law.umich.edu/briefs/71
Comments
Amicus: Buzbee, William; Farber, Daniel; McGreal, Professor Paul; Lyons, Professor Daniel; Mendelson, Professor Nina; Rasmussen, Professor Robert; Rubenstein, Professor David; Young, Professor Ernest