This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to American Trucking Associations, Inc., according to American Trucking Associations, Inc., this case is about the plain text of the FAAAA express preemption clause.
Background and question before the Court
What each side argues
Petitioner – American Trucking Associations, Inc.
According to American Trucking Associations, Inc., petitioner states that the case concerns the plain text of the FAAAA express preemption clause.
Respondent – City of Los Angeles
According to Mr. Bash, the respondent argues that the contract provisions governing entry of trucks are private market arrangements, not regulatory actions.
According to Mr. Rosenthal, the respondent contends that the contract terms are analogous to ordinary private‑property conditions that parties routinely impose.
According to Mr. Rosenthal, the respondent submits that the force and effect of the law invites a market‑participant analysis of the Port’s practices.
What happened at oral argument
According to Justice Ginsburg, the Port said it does not apply criminal penalties from the tariff to licensed motor carriers.
Justice Sotomayor asked the petitioner to break down the arguments into two components.
Justice Kagan asked Mr. Bash what would happen if the criminal penalties were taken out of the contract.
According to Justice Kennedy, justice Kennedy questioned the distinction between contract and regulation when criminal penalties are attached.
Justice Scalia asked what would happen if the conditions in the contract were violated.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 6d87439c4125527c46e0-r1-1989711c92c71672.pdforal argument transcript
Guide generated September 24, 2026. Automated validation accepted this version.