ANALYSIS: Messy SCOTUS Case an Omen for State Fiduciary Rules?

June 20, 2019, 3:41 PM

I usually don’t get excited by court decisions involving nuclear energy regulation, but I am intrigued by the Supreme Court’s holding in a uranium mining case. In a messy 3 to 3 to 3 decision (yes, you read that right), the high court allowed a state law prohibition on uranium mining to stand in the face of federal preemption claims. The cases would be very different, but I am wondering if the six votes to reject preemption would also be there if a challenge on these grounds to state broker fiduciary rules came before the Court.

“Field Preemption” Is Not ...

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