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COLUMBUS v. OURS GARAGE & WRECKER SERVICE, INC.

No. 01-419.

536 U.S. 424 (2002)

122 S.Ct. 2226

153 L.Ed.2d 430

CITY OF COLUMBUS et al. v. OURS GARAGE AND WRECKER SERVICE, INC., et al.

Supreme Court of United States.

Decided June 20, 2002.

Attorney(s) appearing for the Case

Jeffrey S. Sutton argued the cause for petitioners. With him on the briefs were Traci L. Lovitt, Ronald E. Laymon, and Susan E. Ashbrook.

Malcolm L. Stewart argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Kneedler, Mark B. Stern, Dana Martin, Kirk K. Van Tine, Paul M. Geier, and Dale C. Andrews.

Richard A. Cordray argued the cause for respondents. With him on the briefs was David A. Ferris.*

Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Kennedy, Souter, Thomas, and Breyer, JJ., joined. Scalia, J., filed a dissenting opinion, in which O'Connor, J., joined, p. 442.

Justice Ginsburg delivered the opinion of the Court.

Federal preemption prescriptions relating to motor carriers, contained in 49 U. S. C. § 14501(c) (1994 ed., Supp. V), specifically save to States "safety regulatory authority . . . with respect to motor vehicles," § 14501(c)(2)(A). This case presents the question whether the state power preserved in § 14501(c)(2)(A) may be delegated to municipalities, permitting...

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