October Term 2003 · Docket 02-1238
Does federal law preempt state bans on local government telecom services?
Federal the sides that brought the case argue a federal statute overrides state laws that bar local governments from providing telecom services. the opposing sides claim the statute only covers private firms.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Federal the sides that brought the case state the statute preempts state laws prohibiting any entity from providing services.
the opposing sides state the statute only applies when statutory language is ambiguous.
the opposing sides argue local governments serve citizen needs differently than private firms.
Federal the sides that brought the case note common ground that the statute preempts bans on private firms.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 16, lines 5-1 — Transcript, file page 16, lines 5-1
- Official Supreme Court Transcript — file page 24, lines 39-15 — Transcript, file page 24, lines 39-15
- Official Supreme Court Transcript — file page 4, lines 17-21 — Transcript, file page 4, lines 17-21
- Official Supreme Court Transcript — file page 4, lines 5-15 — Transcript, file page 4, lines 5-15
- Official Supreme Court Transcript — file page 50, lines 25-23 — Transcript, file page 50, lines 25-23
- Official Supreme Court Transcript — file page 51, lines 35-15 — Transcript, file page 51, lines 35-15
- Official Supreme Court Transcript — file page 53, lines 37-41 — Transcript, file page 53, lines 37-41
A citizen's guide to the whole case
What this case is about
The dispute centers on the scope of a federal telecommunications statute. One side argues the law preempts state restrictions on local governments. The other side argues the law only targets private companies.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 5-1 — Transcript, file page 16, lines 5-1
- Official Supreme Court Transcript — file page 24, lines 39-15 — Transcript, file page 24, lines 39-15
- Official Supreme Court Transcript — file page 4, lines 17-21 — Transcript, file page 4, lines 17-21
- Official Supreme Court Transcript — file page 50, lines 25-23 — Transcript, file page 50, lines 25-23
- Official Supreme Court Transcript — file page 51, lines 35-15 — Transcript, file page 51, lines 35-15
How the case got here
The Supreme Court heard oral argument in this case on January 12, 2004.
Official sources for this section
- Official Supreme Court Transcript — file page 4, lines 5-15 — Transcript, file page 4, lines 5-15
- Official Supreme Court Transcript — file page 53, lines 37-41 — Transcript, file page 53, lines 37-41
What each side wants
Federal the sides that brought the case want the Court to strike down state laws that ban local governments from providing telecom services.
the opposing sides want the Court to uphold state laws that restrict local governments from entering the telecom market.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 5-1 — Transcript, file page 16, lines 5-1
- Official Supreme Court Transcript — file page 24, lines 39-15 — Transcript, file page 24, lines 39-15
- Official Supreme Court Transcript — file page 4, lines 17-21 — Transcript, file page 4, lines 17-21
- Official Supreme Court Transcript — file page 50, lines 25-23 — Transcript, file page 50, lines 25-23
- Official Supreme Court Transcript — file page 51, lines 35-15 — Transcript, file page 51, lines 35-15
What each side says
Federal the sides that brought the case argue the federal statute preempts state laws that prohibit any entity from providing telecom services.
the opposing sides argue the federal statute only preempts state laws that restrict private firms from the market.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 5-1 — Transcript, file page 16, lines 5-1
- Official Supreme Court Transcript — file page 24, lines 39-15 — Transcript, file page 24, lines 39-15
- Official Supreme Court Transcript — file page 4, lines 17-21 — Transcript, file page 4, lines 17-21
- Official Supreme Court Transcript — file page 50, lines 25-23 — Transcript, file page 50, lines 25-23
- Official Supreme Court Transcript — file page 51, lines 35-15 — Transcript, file page 51, lines 35-15
What the justices asked
Chief Justice Rehnquist asked if the federal statute covers local government bodies.
Justice Scalia questioned whether local government actions are more intrusive than private firm actions.
Official sources for this section
- Official Supreme Court Transcript — file page 53, lines 37-41 — Transcript, file page 53, lines 37-41
Why it matters
This case determines whether local governments can compete in the telecommunications market. It defines the boundary between federal preemption and state control over local services.
Official sources for this section
- Official Supreme Court Transcript — file page 16, lines 5-1 — Transcript, file page 16, lines 5-1
- Official Supreme Court Transcript — file page 24, lines 39-15 — Transcript, file page 24, lines 39-15
- Official Supreme Court Transcript — file page 4, lines 17-21 — Transcript, file page 4, lines 17-21
- Official Supreme Court Transcript — file page 50, lines 25-23 — Transcript, file page 50, lines 25-23
- Official Supreme Court Transcript — file page 51, lines 35-15 — Transcript, file page 51, lines 35-15
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 4, lines 5-15 — Transcript, file page 4, lines 5-15
- Official Supreme Court Transcript — file page 53, lines 37-41 — Transcript, file page 53, lines 37-41
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 16, lines 5-1 — Transcript, file page 16, lines 5-1
- Official Supreme Court Transcript — file page 24, lines 39-15 — Transcript, file page 24, lines 39-15
- Official Supreme Court Transcript — file page 4, lines 17-21 — Transcript, file page 4, lines 17-21
- Official Supreme Court Transcript — file page 50, lines 25-23 — Transcript, file page 50, lines 25-23
- Official Supreme Court Transcript — file page 51, lines 35-15 — Transcript, file page 51, lines 35-15
- Official Supreme Court Transcript — file page 16, lines 5-1 — Transcript, file page 16, lines 5-1
- Official Supreme Court Transcript — file page 24, lines 39-15 — Transcript, file page 24, lines 39-15
- Official Supreme Court Transcript — file page 4, lines 17-21 — Transcript, file page 4, lines 17-21
- Official Supreme Court Transcript — file page 50, lines 25-23 — Transcript, file page 50, lines 25-23
- Official Supreme Court Transcript — file page 51, lines 35-15 — Transcript, file page 51, lines 35-15
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.