5 Breyer Opinions In Auto Trucking Preemption Battles

5 Breyer Opinions In Auto Trucking Preemption Battles

January 27, 2022, Law360

Beth Brinkmann spoke to Law360 regarding Justice Stephen Breyer’s impact on the transportation industry and Rowe v. New Hampshire Motor Transport Association. Beth, who argued and won the case for New Hampshire Motor Transport Association in 2008, described it as a critical 9-0 victory for the motor carrier industry.

"Justice Breyer relied on the real-world workings of competitive market forces. He also relied on the body of legislation Congress enacted to preclude a patchwork of different state regulations," Beth said. "His opinion adhered to that congressional action to deregulate the industry in favor of market forces and to preempt state regulation."

Beth also was asked about Justice Breyer's questioning style. Beth has argued 25 cases before the Supreme Court and she explained that Justice Breyer's questions "always focused on the core legal issue that he saw would determine the case."

"He was frank about what was bothering him," she said. "As an advocate, I greatly appreciated that. He provided me the opportunity to address his concerns directly, in a dialogue with the court. That included both his practical questions about how the particular law worked in the real world and also his intellectually rigorous questions about legal doctrine."

"Of course, his questions were known to be long," she added. "But his candor was very helpful to me as an advocate in the oral argument dynamic at the court."

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