A statutory saving clause that contemplates a continued meaningful role for state tort law does not preclude the application of ordinary conflict preemption principles.
The Williamson family sued Mazda in California state court, claiming that a rear aisle seat equipped with a lap belt rather than a lap-and-shoulder belt caused a fatal accident. The central question is whether Federal Motor Vehicle Safety Standard 208, which permits manufacturers to choose between lap and lap-and-shoulder belts for rear inner seats, preempts this state tort action. The Court applies ordinary conflict preemption principles, asking whether the state law stands as an obstacle to the federal regulation’s purposes. The Court finds that, unlike the passive restraint regulation in Geier, the seatbelt choice here is not a significant regulatory objective, as the agency’s contemporaneous explanations and current views do not indicate an intent to bar stricter state standards. Consequently, the federal regulation does not preempt the state tort suit.
At page 326 Federal regulation not pre-empting state tort liability12 citing cases“not a significant objective of the federal regulation.”
- Priester v. Cromer, 736 S.E.2d 249 (S.C. 2012).published See Williamson, 131 S.Ct. at 1138 (“[DOT] was convinced that lap-and-shoulder belts would increase safety; it did not fear additional safety risks arising from use of those belts; [and] it had no interest in assuring a mix of devices.... ”…
- Robinhood Fin. LLC v. Sec'y of the Commonwealth, 492 Mass. 696 (2023).published Id. at 326.
- Walker v. Motorola Mobility L L C, 670 F. Supp. 3d 387 (W.D. La. 2023).published Williamson, 562 U.S. at 326.
- Melissa Varela v. Fca US LLC, 505 P.3d 244 (Ariz. 2022).published Williamson, 562 U.S. at 338 (Sotomayor, J., concurring) (explaining that the “mere fact” a regulation permits an option to manufacturers does not mean that this option is a preemptive “regulatory objective”).
- Varela v. Fca US, 466 P.3d 866 (Ariz. Ct. App. 2020).published Id. at 326.
- Butler v. Daimler Trucks North Am. LLC, 433 F. Supp. 3d 1216 (D. Kan. 2020).published Accordingly, Plaintiffs’ claims are not preempted. 156 Id. at 886. 157 Williamson v. Mazda Motor of Am., 562 U.S. 323 , 333-34 (2011). 158 Id. at 335. 159 Id. at 326-27. 160 Id. 161 Id. at 326.
- Cheri Rollins, V Dennis & Lynette Long, No. 73635-3 (Wash. Ct. App. Dec. 21, 2015).published Williamson. 562 U.S. at 326-27.
- Clifton A. Lake v. Memphis Landsmen, L.L.C., No. W2011-00660-COA-RM-CV (Tenn. Ct. App. Oct. 21, 2011).published Williamson, 131 S. Ct. at 1134.
- Doomes v. Best Transit Corp., 958 N.E.2d 1183 (N.Y. 2011).published Further, the saving clause represents a purposeful intent to allow meaningful state participation as a finding of preemption would “treat all such federal standards as if they were maximum standards, eliminating the possibility that the fe…
- Chamber of Com. of United States v. Whiting, 563 U.S. 582 (2011).published In Williamson v. Mazda Motor of America, Inc., 562 U. S. 323, 335 (2011), we held that the Federal Government’s judgment regarding the cost effectiveness of seatbelt options did not reveal an intent “to forbid common-law tort suits in whic…
Show 2 more citing cases
- 435 Cent. Park W. Tenant Assn. v. Park Front Apts., LLC, 2018 NY Slip Op 5625 (N.Y. App. Div. 1st Dep't 2018).published
- Del Rosario v. Sazerac Co., No. 1:23-cv-01060, 2023 WL 6318083 (S.D.N.Y. Sept. 28, 2023).
At page 330 Determining if state law is an obstacle to federal objective14 citing cases“examination of the regulation, including its history, the promulgating agency's contemporaneous explanation of its objectives, and the agency's current views of the regulation's pre-emptive effect.”
- Gilley v. C.H. Robinson Worldwide, Inc., No. 1:18-cv-00536 (S.D. W. Va. Aug. 26, 2021). “In Geier, we found that the state law stood as an “‘obstacle’ to the accomplishment” of a significant federal regulatory objective, namely, the maintenance of manufacturer choice.”
- Am. Catalog Mailers Assn. v. Dep't of Taxation & Fin., 249 A.D.3d 1298 (N.Y. App. Div. 3d Dep't 2026).publishedCorp. , 17 NY3d 594, 603 [2011], quoting Williamson v Mazda Motor of America, Inc. , 562 US 323, 330 [2011]).
- City of Buffalo v. Hyundai Motor Am., Inc., No. 24-2350 (9th Cir. June 20, 2025).unpublishedWilliamson, 562 U.S. at 330, 336; see Geier, 529 U.S. at 873 , 875-76.
- Walker v. Motorola Mobility L L C, 670 F. Supp. 3d 387 (W.D. La. 2023).published Williamson, 562 U.S. at 326.
- Ass'n of Am. Publishers v. Frosh, 586 F. Supp. 3d 379 (D. Md. 2022).publishedA court “then turn[s] to whether the state law stands ‘as an obstacle to the accomplishment of a significant federal regulatory objective.’” Id. (quoting Williamson, 562 U.S. at 330).
- Sutton 58 Assocs. LLC v. Philip Pilevsky, 164 N.E.3d 984 (N.Y. 2020).publishedFinally, we are not persuaded that any remaining risk of liability assumed by lenders who intentionally and improperly induce breaches of known contractual obligations by an entity that subsequently files for bankruptcy sufficiently “frust…
- Mozilla Corp. v. FCC, 940 F.3d 1 (D.C. Cir. 2019).published (conflict preemption wipes out “state law that stands as an obstacle to the accomplishment and execution of the [federal law’s] full purposes and objectives)
- State ex rel. Candice McQueen v. Metro. Nashville Bd. of Pub. Educ., No. M2018-00506-COA-R3-CV (Tenn. Ct. App. Feb. 5, 2019).publishedLake, 405 S.W.3d at 56 (quoting Williamson, 562 U.S. at 330).
- Virginia Uranium, Inc. v. John Warren, 848 F.3d 590 (4th Cir. 2017).publishedWilliamson v. Mazda Motor of America, Inc., 562 U.S. 323, 330 (2011).
- Sikkelee ex rel. Est. of Sikkelee v. Precision Airmotive Corp., 822 F.3d 680 (3d Cir. 2016).published Honda Motor Co., 529 U.S. 861, 875, 886 , 120 S.Ct. 1913 , 146 L.Ed.2d 914 (2000), while another regulation governing seatbelt usage did not reflect a similarly significant federal objective and thus did not preempt state law claims, Willi…
Show 2 more citing cases
- Doomes v. Best Transit Corp., 958 N.E.2d 1183 (N.Y. 2011).published Further, the saving clause represents a purposeful intent to allow meaningful state participation as a finding of preemption would “treat all such federal standards as if they were maximum standards, eliminating the possibility that the fe…
- Fresenius Med. Care Holdings, Inc. v. Tucker, 704 F.3d 935 (11th Cir. 2013).published
At page 335 Interpreting agency cost judgments regarding state tort law11 citing casesrejecting an argument that a stricter state safety standard was conflict preempted since the statute contemplated a “continued meaningful role for state tort law
- Gilley v. C.H. Robinson Worldwide, Inc., No. 1:18-cv-00536 (S.D. W. Va. Aug. 26, 2021). (But that fact—the fact that DOT made a negative judgment about cost-effectiveness—cannot by itself show that DOT sought to forbid common-law tort suits in which a judge or jury might reach a different conclusion.)
- Gov't of the United States Virgin Islands v. Takata Corp., 67 V.I. 316 (2017).published([T]o infer from the mere existence of such a cost-effectiveness judgment that the federal agency intends to bar States from imposing stricter standards would treat all such federal standards as if they were maximum sta…)
- Transcontinental Gas Pipe Line Co LLC v. Pennsylvania Env't Hearing Bd., 108 F.4th 144 (3d Cir. 2024).published (rejecting an argument that a stricter state safety standard was conflict preempted since the statute contemplated a “continued meaningful role for state tort law)
- Robinhood Fin. LLC v. Sec'y of the Commonwealth, 492 Mass. 696 (2023).published Id. at 326.
- Melissa Varela v. Fca US LLC, 505 P.3d 244 (Ariz. 2022).published Williamson, 562 U.S. at 338 (Sotomayor, J., concurring) (explaining that the “mere fact” a regulation permits an option to manufacturers does not mean that this option is a preemptive “regulatory objective”).
- Epc of Hillsborough Cty. v. Volkswagen Grp. of Am., 959 F.3d 1201 (9th Cir. 2020).published In Williamson, for instance, the Court concluded that a federal statute giving manufacturers a choice to select a less effective car safety device did not preempt a state tort suit that could require the manufacturer to select a more effec…
- Varela v. Fca US, 466 P.3d 866 (Ariz. Ct. App. 2020).published Id. at 326.
- Butler v. Daimler Trucks North Am. LLC, 433 F. Supp. 3d 1216 (D. Kan. 2020).published Accordingly, Plaintiffs’ claims are not preempted. 156 Id. at 886. 157 Williamson v. Mazda Motor of Am., 562 U.S. 323 , 333-34 (2011). 158 Id. at 335. 159 Id. at 326-27. 160 Id. 161 Id. at 326.
- Capron v. Massachusetts Attorney Gen., 944 F.3d 9 (1st Cir. 2019).published Williamson, 562 U.S. at 332.
- Chamber of Com. of United States v. Whiting, 563 U.S. 582 (2011).published In Williamson v. Mazda Motor of America, Inc., 562 U. S. 323, 335 (2011), we held that the Federal Government’s judgment regarding the cost effectiveness of seatbelt options did not reveal an intent “to forbid common-law tort suits in whic…
At page 336 Determining if state tort law preempts federal safety regulations7 citing cases“does not 'stand as an obstacle to the accomplishment . . . of the full purposes and objectives' of federal law.”
- Robinhood Fin. LLC v. Sec'y of the Commonwealth, 492 Mass. 696 (2023).published Id. at 326.
- Melissa Varela v. Fca US LLC, 505 P.3d 244 (Ariz. 2022).published Williamson, 562 U.S. at 338 (Sotomayor, J., concurring) (explaining that the “mere fact” a regulation permits an option to manufacturers does not mean that this option is a preemptive “regulatory objective”).
- In the Matter of the Est. of Vose, 2017 OK 3.published In Williamson v. Mazda Motor of America, Inc. , the Supreme Court of the United States determined that even though a state tort judgment might restrict manufacture choice concerning seat belt installation allowed by federal law, the judgme…
- Sikkelee ex rel. Est. of Sikkelee v. Precision Airmotive Corp., 822 F.3d 680 (3d Cir. 2016).published Honda Motor Co., 529 U.S. 861, 875, 886 , 120 S.Ct. 1913 , 146 L.Ed.2d 914 (2000), while another regulation governing seatbelt usage did not reflect a similarly significant federal objective and thus did not preempt state law claims, Willi…
- Cheri Rollins, V Dennis & Lynette Long, No. 73635-3 (Wash. Ct. App. Dec. 21, 2015).published Williamson. 562 U.S. at 326-27.
- Am. Honda Motor Co. v. Sarah Milburn, 696 S.W.3d 612 (Tex. 2024).published
- Am. Honda Motor Co. v. Sarah Milburn, No. 05-19-00850-CV (Tex. App. June 28, 2024).published
At page 329 Determining scope of express and implied preemption6 citing casesIn light of Geier , the statute’s express pre-emption clause cannot pre-empt the common-law tort action; but neither can the statute’s saving[s] clause foreclose or limit the operation of ordinary conflict pre-emption principles. We consequently turn our attention to Geier s third subsidiary quest…
- Priester v. Cromer, 736 S.E.2d 249 (S.C. 2012).published See Williamson, 131 S.Ct. at 1138 (“[DOT] was convinced that lap-and-shoulder belts would increase safety; it did not fear additional safety risks arising from use of those belts; [and] it had no interest in assuring a mix of devices.... ”…
- Theresa Graham v. R.J Reynolds Tobacco Co., 857 F.3d 1169 (11th Cir. 2017).published E.g., Williamson, 562 U.S. at 329,131 S.Ct. at 1136; Geier, 529 U.S. at 886 , 120 S.Ct. at 1928 .
- Earl E. Graham v. R.J. Reynolds Tobacco Co., 782 F.3d 1261 (11th Cir. 2015).published E.g., Williamson, 562 U.S. at 329-31, 131 S.Ct. at 1136; Geier, 529 U.S. at 886 , 120 S.Ct. at 1928 .
- Clifton A. Lake v. Memphis Landsmen, L.L.C., No. W2011-00660-COA-RM-CV (Tenn. Ct. App. Oct. 21, 2011).published Williamson, 131 S. Ct. at 1134.
- Doomes v. Best Transit Corp., 958 N.E.2d 1183 (N.Y. 2011).published Further, the saving clause represents a purposeful intent to allow meaningful state participation as a finding of preemption would “treat all such federal standards as if they were maximum standards, eliminating the possibility that the fe…
- Smith v. BAC Home Loans Servicing, LP, 769 F. Supp. 2d 1033 (S.D. W. Va. 2011).published Williamson, 131 S.Ct. at 1136.
At page 332 Determining if choice is a significant regulatory objective6 citing casesnative, cheaper, and safer passive restraint systems.” Id., at 879. Finally, the Solicitor General told us that a tort suit that insisted upon use of airbags,…
- Robinhood Fin. LLC v. Sec'y of the Commonwealth, 492 Mass. 696 (2023).published Id. at 326.
- Melissa Varela v. Fca US LLC, 505 P.3d 244 (Ariz. 2022).published Williamson, 562 U.S. at 338 (Sotomayor, J., concurring) (explaining that the “mere fact” a regulation permits an option to manufacturers does not mean that this option is a preemptive “regulatory objective”).
- Epc of Hillsborough Cty. v. Volkswagen Grp. of Am., 959 F.3d 1201 (9th Cir. 2020).published In Williamson, for instance, the Court concluded that a federal statute giving manufacturers a choice to select a less effective car safety device did not preempt a state tort suit that could require the manufacturer to select a more effec…
- Varela v. Fca US, 466 P.3d 866 (Ariz. Ct. App. 2020).published Id. at 326.
- Butler v. Daimler Trucks North Am. LLC, 433 F. Supp. 3d 1216 (D. Kan. 2020).published Accordingly, Plaintiffs’ claims are not preempted. 156 Id. at 886. 157 Williamson v. Mazda Motor of Am., 562 U.S. 323 , 333-34 (2011). 158 Id. at 335. 159 Id. at 326-27. 160 Id. 161 Id. at 326.
- Capron v. Massachusetts Attorney Gen., 944 F.3d 9 (1st Cir. 2019).published Williamson, 562 U.S. at 332.
131 S. Ct. at 1139 Analyzing federal preemption and manufacturer choice under law5 citing cases
- In the Matter of the Est. of Vose, 2017 OK 3.published In Williamson v. Mazda Motor of America, Inc. , the Supreme Court of the United States determined that even though a state tort judgment might restrict manufacture choice concerning seat belt installation allowed by federal law, the judgme…
- Phillips v. Ford Motor Co., 44 Pa. D. & C.5th 194 (2015).publishedHowever, in Williamson v. Mazda Motor of Am., Inc., 131 S.Ct. 1131 , 1137-40 (2011), the court held that a state tort claim that would preclude a manufacturer from choosing one of two seatbelt designs specifically permitted for the rear se…
- Douglas McDaniel v. Wells Fargo Investments, LLC, 717 F.3d 668 (9th Cir. 2013).published With Rice in force, “we [will] not lightly decide” that the employees’ claims are preempted but will “consider carefully what Congress was trying to accomplish.” Chae, 593 F.3d at 944 . 2 Where, as here, federal law grants an actor “a choi…
- Doomes v. Best Transit Corp., 958 N.E.2d 1183 (N.Y. 2011).published Further, the saving clause represents a purposeful intent to allow meaningful state participation as a finding of preemption would “treat all such federal standards as if they were maximum standards, eliminating the possibility that the fe…
- Smith v. BAC Home Loans Servicing, LP, 769 F. Supp. 2d 1033 (S.D. W. Va. 2011).published Williamson, 131 S.Ct. at 1136.
131 S. Ct. at 1137 Federal preemption when state law restricts federal choice4 citing cases
- Priester v. Cromer, 736 S.E.2d 249 (S.C. 2012).published See Williamson, 131 S.Ct. at 1138 (“[DOT] was convinced that lap-and-shoulder belts would increase safety; it did not fear additional safety risks arising from use of those belts; [and] it had no interest in assuring a mix of devices.... ”…
- Douglas McDaniel v. Wells Fargo Investments, LLC, 717 F.3d 668 (9th Cir. 2013).published With Rice in force, “we [will] not lightly decide” that the employees’ claims are preempted but will “consider carefully what Congress was trying to accomplish.” Chae, 593 F.3d at 944 . 2 Where, as here, federal law grants an actor “a choi…
- Clifton A. Lake v. Memphis Landsmen, L.L.C., No. W2011-00660-COA-RM-CV (Tenn. Ct. App. Oct. 21, 2011).published Williamson, 131 S. Ct. at 1134.
- Smith v. BAC Home Loans Servicing, LP, 769 F. Supp. 2d 1033 (S.D. W. Va. 2011).published Williamson, 131 S.Ct. at 1136.
At page 338 Determining implied preemption when agency allows choice3 citing cases
- Melissa Varela v. Fca US LLC, 505 P.3d 244 (Ariz. 2022).published Williamson, 562 U.S. at 338 (Sotomayor, J., concurring) (explaining that the “mere fact” a regulation permits an option to manufacturers does not mean that this option is a preemptive “regulatory objective”).
- In the Matter of the Est. of Vose, 2017 OK 3.published In Williamson v. Mazda Motor of America, Inc. , the Supreme Court of the United States determined that even though a state tort judgment might restrict manufacture choice concerning seat belt installation allowed by federal law, the judgme…
- In the Matter of the Est. of Vose, 2017 OK 3, 390 P.3d 238.publishedWilliamson, 562 U.S. at 338, 131 S.Ct. 1131 (Sotomayor, J., concurring). ¶ 23 Though the facts are different, the logic is applicable here.
At page 341 Critique of purposes-and-objectives preemption doctrine3 citing cases
- Angela Horton v. Kansas City S. Ry. Co., 692 S.W.3d 112 (Tex. 2024).published Such “freeranging speculation about what the purposes of the [law or] regulation must have been is not constitutionally proper in any case.” Williamson, 562 U.S. at 343 (Thomas, J., concurring in judgment) (cleaned up).
- Kansas City S. Ry. Co. v. Angela Horton, No. 05-19-00856-CV (Tex. App. June 28, 2024).published Such “freeranging speculation about what the purposes of the [law or] regulation must have been is not constitutionally proper in any case.” Williamson, 562 U.S. at 343 (Thomas, J., concurring in judgment) (cleaned up).
- Angela Horton v. Kansas City S. Ry. Co., No. 21-0769 (Tex. June 30, 2023).published Such “freeranging speculation about what the purposes of the [law or] regulation must have been is not constitutionally proper in any case.” Williamson, 562 U.S. at 343 (Thomas, J., concurring in judgment) (cleaned up).
At page 343 Prohibiting speculative inquiry into agency regulatory purposes3 citing cases
- Angela Horton v. Kansas City S. Ry. Co., 692 S.W.3d 112 (Tex. 2024).published Such “freeranging speculation about what the purposes of the [law or] regulation must have been is not constitutionally proper in any case.” Williamson, 562 U.S. at 343 (Thomas, J., concurring in judgment) (cleaned up).
- Kansas City S. Ry. Co. v. Angela Horton, No. 05-19-00856-CV (Tex. App. June 28, 2024).published Such “freeranging speculation about what the purposes of the [law or] regulation must have been is not constitutionally proper in any case.” Williamson, 562 U.S. at 343 (Thomas, J., concurring in judgment) (cleaned up).
- Angela Horton v. Kansas City S. Ry. Co., No. 21-0769 (Tex. June 30, 2023).published Such “freeranging speculation about what the purposes of the [law or] regulation must have been is not constitutionally proper in any case.” Williamson, 562 U.S. at 343 (Thomas, J., concurring in judgment) (cleaned up).
131 S. Ct. at 1138 Department of transportation's reasoning for belt requirements2 citing cases[DOT] was convinced that lap-and-shoulder belts would increase safety; it did not fear additional safety risks arising from use of those belts; [and] it had no interest in assuring a mix of devices....
- Priester v. Cromer, 736 S.E.2d 249 (S.C. 2012).published ([DOT] was convinced that lap-and-shoulder belts would increase safety; it did not fear additional safety risks arising from use of those belts; [and] it had no interest in assuring a mix of devices....)
- Doomes v. Best Transit Corp., 958 N.E.2d 1183 (N.Y. 2011).published Further, the saving clause represents a purposeful intent to allow meaningful state participation as a finding of preemption would “treat all such federal standards as if they were maximum standards, eliminating the possibility that the fe…
131 S. Ct. at 1131 cited at this page2 citing cases
- In re Reno, No. S124660M (Cal. Oct. 31, 2012).published(See, e.g., Walker v. Martin, supra, 562 U.S. at 109 p. ___ [131 S.Ct. at p. 1131] [―there is no basis for concluding that California‘s timeliness rule [for habeas corpus petitions] operates to the particular disadvantage of petitioners as…
- In re Reno, 283 P.3d 1181 (Cal. 2012).published(See, e.g., Walker v. Martin, supra, 562 U.S. at p._[131 S.Ct. at p. 1131] [“there is no basis for concluding that California’s timeliness rule [for habeas corpus petitions] operates to the particular disadvantage of petitioners asserting…
131 S. Ct. at 1134 Limiting regulatory history and agency objectives consideration2 citing caseslimiting consideration of regulatory history and agency explanation of objectives to the version of the applicable regulation in effect at the time of manufacture
- Clifton A. Lake v. Memphis Landsmen, LLC, 405 S.W.3d 47 (Tenn. 2013).published Williamson, 131 S.Ct. at 1140 (Sotomayor, J., concurring).
- Clifton A. Lake v. Memphis Landsmen, L.L.C., No. W2011-00660-COA-RM-CV (Tenn. Ct. App. Oct. 21, 2011).published Williamson, 131 S. Ct. at 1134.
At page 333 Agency reasoning for allowing manufacturer choice in seat belt type2 citing casesidentifying the “more important reason” for permitting manufacturers’ an option with seat belt installation as a concern with cost rather than relying on a possible separate regulatory concern for which the record provided only “some indication” of importance
- Melissa Varela v. Fca US LLC, 505 P.3d 244 (Ariz. 2022).published Williamson, 562 U.S. at 338 (Sotomayor, J., concurring) (explaining that the “mere fact” a regulation permits an option to manufacturers does not mean that this option is a preemptive “regulatory objective”).
- Varela v. Fca US, 466 P.3d 866 (Ariz. Ct. App. 2020).published Id. at 326.
131 S. Ct. at 1140 cited at this page1 citing case
- Clifton A. Lake v. Memphis Landsmen, LLC, 405 S.W.3d 47 (Tenn. 2013).published Williamson, 131 S.Ct. at 1140 (Sotomayor, J., concurring).
131 S. Ct. at 1142 cited at this page1 citing case
- Goonan v. Fed. Reserve Bank, 916 F. Supp. 2d 470 (S.D.N.Y. 2013).publishedCf. Williamson, 131 S.Ct. at 1142 (Thomas, J., concurring in the judgment). 4.
131 S. Ct. at 1133 cited at this page1 citing case
- Vida Baptista vs JPMorgan Chase Bank, N.A., 640 F.3d 1194 (11th Cir. 2011).publishedId. at __, 131 S. Ct. at 1133.
At page 339 Concurring on obstacle to federal regulatory objective1 citing caseopinion concurring in judgment
- PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011).published(opinion concurring in judgment)
Other citing cases
- James Bledsoe v. FCA US, LLC, No. 24-1094 (6th Cir. Aug. 8, 2025).unpublished
- Dashi v. Nissan N. Am., Inc., 445 P.3d 13 (Ariz. Ct. App. 2019).published
- United States v. NM Supreme Court, No. 14-2037, 2016 WL 5946021 (10th Cir. Oct. 13, 2016).published
- United States v. Supreme Court of New Mexico, 824 F.3d 1263 (10th Cir. 2016).published
- Dean Beaver v. Tarsadia Hotels, 816 F.3d 1170 (9th Cir. 2016).published
- Helfrich v. Blue Cross, 804 F.3d 1090 (10th Cir. 2015).published
- VFS Fin., Inc. v. Elias-Savion-Fox LLC, 73 F. Supp. 3d 329 (S.D.N.Y. 2014).published
- New Mexico ex rel. King v. Capital One Bank (USA) N.A., 980 F. Supp. 2d 1314 (D.N.M. 2013).published
- In re Methyl Tertiary Butyl Ether (\MTBE\") Prods. Liab. Litig.", 725 F.3d 65 (2d Cir. 2013).published
v.
MAZDA MOTOR OF AMERICA, INC., Et Al.
Lead Opinion
delivered the opinion of the Court.
Federal Motor Vehicle Safety Standard 208 (1989 version) requires, among other things, that auto manufacturers install seatbelts on the rear seats of passenger vehicles. They must install lap-and-shoulder belts on seats next to a vehicle's doors or frames. But they have a choice about what to install on rear inner seats (say, middle seats or those next to a minivan’s aisle). There they can install either (1) simple lap belts or (2) lap-and-shoulder belts. 54 Fed. Reg. 46257-46258 (1989); 49 CFR § 571.208 (1993), promulgated pursuant to the National Traffic and Motor Vehicle Safety Act of 1966 (Act), 80 Stat. 718, 15 U. S. C. § 1381 et seq. (1988 ed.) (recodified without substantive change at 49 U. S. C. § 30101 et seq. (2006 ed.)).
The question presented here is whether this federal regulation pre-empts a state tort suit that, if successful, would deny manufacturers a choice of belts for rear inner seats by imposing tort liability upon those who choose to install a simple lap belt. We conclude that providing manufacturers with this seatbelt choice is not a significant objective of the federal regulation. Consequently, the regulation does not pre-empt the state tort suit.
I
In 2002, the Williamson family, riding in their 1993 Mazda minivan, was struck head on by another vehicle. Thanh Williamson was sitting in a rear aisle seat, wearing a lap belt; she died in the accident. Delbert and Alexa Williamson were wearing lap-and-shoulder belts; they survived. They, along with Thanh’s estate, subsequently brought this Cali[*327]fornia tort suit against Mazda. They claimed that Mazda should have installed lap-and-shoulder belts on rear aisle seats, and that Thanh died because Mazda equipped her seat with a lap belt instead.
The California trial court dismissed this tort claim on the basis of the pleadings. And the California Court of Appeal affirmed. The appeals court noted that in Geier v. American Honda Motor Co., 529 U. S. 861 (2000), this Court considered whether a different portion of (an older version of) Federal Motor Vehicle Safety Standard 208 (FMVSS 208) — a portion that required installation of passive restraint devices — pre-empted a state tort suit that sought to hold an auto manufacturer liable for failure to install a particular kind of passive restraint, namely, airbags. We found that the federal regulation intended to assure manufacturers that they would retain a choice of installing any of several different passive restraint devices. And the regulation sought to assure them that they would not have to exercise this choice in favor of airbags. For that reason we thought that the federal regulation pre-empted a state tort suit that, by premising tort liability on a failure to install airbags, would have deprived the manufacturers of the choice that the federal regulation had assured them. Id., at 874-875.
The court saw considerable similarity between this case and Geier. The federal regulation at issue here gives manufacturers a choice among two different kinds of seatbelts for rear inner seats. And a state lawsuit that premises tort liability on a failure to install a particular kind of seatbelt, namely, lap-and-shoulder belts, would in effect deprive the manufacturer of that choice. The court concluded that, as in Geier, the federal regulation pre-empts the state tort suit. 167 Cal. App. 4th 905, 84 Cal. Rptr. 3d 545 (2008).
The Williamsons sought certiorari. And we granted cer-tiorari in light of the fact that several courts have interpreted Geier as indicating that FMVSS 208 pre-empts state tort suits claiming that manufacturers should have installed[*328] lap-and-shoulder belts, not lap belts, on rear inner seats. Carden v. General Motors Corp., 509 F. 3d 227 (CA5 2007); Roland v. General Motors Corp., 881 N. E. 2d 722 (Ind. App. 2008); Heinricher v. Volvo Car Corp., 61 Mass. App. 313, 809 N. E. 2d 1094 (2004).
II
In Geier, we considered a portion of an earlier (1984) version of FMVSS 208. That regulation required manufacturers to equip their vehicles with passive restraint systems, thereby providing occupants with automatic accident protection. 49 Fed. Reg. 28983 (1984). But that regulation also gave manufacturers a choice among several different passive restraint systems, including airbags and automatic seatbelts. Id., at 28996. The question before the Court was whether the Act, together with the regulation, pre-empted a state tort suit that would have held a manufacturer liable for not installing airbags. 529 U. S., at 865. By requiring manufacturers to install airbags (in order to avoid tort liability) the tort suit would have deprived the manufacturers of the choice among passive restraint systems that the federal regulation gave them. See Hillsborough County v. Automated Medical Laboratories, Inc., 471 U. S. 707, 713 (1985) (“[SJtate laws can be pre-empted by federal regulations as well as by federal statutes").
We divided this basic pre-emption question into three subsidiary questions. 529 U. S., at 867. First, we asked whether the statute’s express pre-emption provision preempted the state tort suit. That statutory clause says that “no State” may “establish, or . . . continue in effect. .. any safety standard applicable to the same aspect of performance” of a motor vehicle or item of equipment “which is not identical to the Federal standard.” 15 U. S. C. § 1392(d) (1988 ed.) (emphasis added). We had previously held that a word somewhat similar to “standard,” namely, “requirements” (found in a similar statute), included within its scope state “common-law duties,” such as duties created by state[*329] tort law. Medtronic, Inc. v. Lohr, 518 U. S. 470, 502-503 (1996) (plurality opinion); id., at 503-505 (Breyer, J., concurring in part and concurring in judgment); id., at 509-512 (O’Connor, J., concurring in part and dissenting in part). But we'nonetheless held that the state tort suit in question fell outside the scope of this particular pre-emption clause. That is primarily because the statute also contains a saving clause, which says that “[cjompliance with” a federal safety standard “does not exempt any person from any liability under common law.” 15 U. S. C. §1397(k) (emphasis added). Since tort law is ordinarily “common law,” we held that “the presence of the saving clause” makes clear that Congress intended state tort suits to fall outside the scope of the express pre-emption clause. Geier, 529 U. S., at 868.
Second, we asked the converse question: The saving clause at least removes tort actions from the scope of the express pre-emption clause. Id., at 869. But does it do more? Does it foreclose or limit “the operation of ordinary preemption principles insofar as those principles instruct us to read” federal statutes as pre-empting state laws (including state common-law standards) that “actually conflict” with the federal statutes (or related regulations)? Ibid. (internal quotation marks omitted). We concluded that the saving clause does not foreclose or limit the operation of “ordinary pre-emption principles, grounded in longstanding precedent.” Id., at 874.
These two holdings apply directly to the case before us. We here consider (1) the same statute, 15 U. S. C. § 1381 et seq.; (2) a later version of the same regulation, FMVSS 208; and (3) a somewhat similar claim that a state tort action conflicts with the federal regulation. In light of Geier, the statute’s express pre-emption clause cannot pre-empt the common-law tort action; but neither can the statute’s saving clause foreclose or limit the operation of ordinary conflict pre-emption principles. We consequently turn our attention[*330] to Geier’s third subsidiary question, whether, in fact, the state tort action conflicts with the federal regulation.
Ill
Under ordinary conflict pre-emption principles a state law that “stands as an obstacle to the accomplishment and execution of the full purposes and objectives” of a federal law is pre-empted. Hines v. Davidowitz, 312 U. S. 52, 67 (1941). See ibid. (federal statute can pre-empt a state statute); Cipollone v. Liggett Group, Inc., 505 U. S. 504 (1992) (federal statute can pre-empt a state tort suit); Fidelity Fed. Sav. & Loan Assn. v. De la Cuesta, 458 U. S. 141 (1982) (federal regulation can pre-empt a state statute); Geier, supra (federal regulation can pre-empt a state tort suit). In Geier, we found that the state law stood as an “ ‘obstacle’ to the accomplishment” of a significant federal regulatory objective, namely, the maintenance of manufacturer choice. 529 U. S., at 886. We must decide whether the same is true here.
A
At the heart of Geier lies our determination that giving auto manufacturers a choice among different kinds of passive restraint devices was a significant objective of the federal regulation. We reached this conclusion on the basis of our examination of the regulation, including its history, the promulgating agency’s contemporaneous explanation of its objectives, and the agency’s current views of the regulation’s pre-emptive effect.
The history showed that the Department of Transportation (DOT) had long thought it important to leave manufacturers with a choice. In 1967, DOT required manufacturers to install manual seat belts. Id., at 875; 32 Fed. Reg. 2408, 2415 (1967). Because many car occupants did not “buckle up,” DOT began to require passive protection, such as airbags or automatic seatbelts, but without “favor[ing]” or “expecting]” the use of airbags. Geier, supra, at 875 (internal[*331] quotation marks omitted); 35 Fed. Reg. 16927 (1970). DOT subsequently approved the use of ignition interlocks, which froze the ignition until the occupant buckled the belt, as a substitute for passive restraints. Geier, supra, at 876; 37 Fed. Reg. 3911 (1972). But the interlock devices were unpopular with the public, and Congress soon forbade the agency to make them a means of compliance. Geier, supra, at 876; Motor Vehicle and Schoolbus Safety Amendments of 1974, § 109, 88 Stat. 1482 (previously codified at 15 U. S. C. § 1410b (1988 ed.)). DOT then temporarily switched to the use of demonstration projects, but later it returned to mandating passive restraints, again leaving manufacturers with a choice of systems. Geier, supra, at 876-877; see 49 Fed. Reg. 28962.
DOT’s contemporaneous explanation of its 1984 regulation made clear that manufacturer choice was an important means for achieving its basic objectives. The 1984 regulation gradually phased in passive restraint requirements, initially requiring manufacturers to equip only 10% of their new fleets with passive restraints. DOT explained that it intended its phasing period partly to give manufacturers time to improve airbag technology and to develop “other, better” passive restraint systems. Geier, 529 U. S., at 879. DOT further explained that it had rejected an '“all airbag’” system. Ibid. It was worried that requiring airbags in most or all vehicles would cause a public backlash, like the backlash against interlock devices. Ibid. DOT also had concerns about the safety of airbags, for they could injure out-of-place occupants, particularly children. Id., at 877-878. And, given the cost of airbags, vehicle owners might not replace them when necessary, leaving occupants without passive protection. Ibid. The regulation therefore “deliberately sought variety — a mix of several different passive restraint systems.” Id., at 878. DOT hoped that this mix would lead to better information about the devices’ comparative effectiveness and to the eventual development of “alter[*332]native, cheaper, and safer passive restraint systems.” Id., at 879.
Finally, the Solicitor General told us that a tort suit that insisted upon use of airbags, as opposed to other federally permissible passive restraint systems, would “stan[d] as an obstacle to the accomplishment and execution of these objectives.” Id., at 883 (quoting Brief for United States as Amicus Curiae in Geier v. American Honda Motor Co., O. T. 1999, No. 98-1811, pp. 25-26 (hereinafter United States Brief in Geier); internal quotation marks omitted). And we gave weight to the Solicitor General’s view in light of the fact that it “ ‘embodie[d] the Secretary’s policy judgment that safety would best be promoted if manufacturers installed alternative protection systems in their fleets rather than one particular system in every car.’ ” 529 U. S., at 881 (quoting United States Brief in Geier 25-26).
Taken together, this history, the agency’s contemporaneous explanation, and the Government’s current understanding of the regulation convinced us that manufacturer choice was an important regulatory objective. And since the tort suit stood as an obstacle to the accomplishment of that objective, we found the tort suit pre-empted.
B
We turn now to the present case. Like the regulation in Geier, the regulation here leaves the manufacturer with a choice. And, like the tort suit in Geier, the tort suit here would restrict that choice. But unlike Geier, we do not believe here that choice is a significant regulatory objective.
We concede that the history of the regulation before us resembles the history of airbags to some degree. In 1984, DOT rejected a regulation that would have required the use of lap-and-shoulder belts in rear seats. 49 Fed. Reg. 15241. Nonetheless, by 1989 when DOT promulgated the present regulation, it had “concluded that several factors had changed.” 54 Fed. Reg. 46258.
[*333] DOT then required manufacturers to install a particular kind of belt, namely, lap-and-shoulder belts, for rear outer seats. In respect to rear inner seats, it retained manufacturer choice as to which kind of belt to install. But its 1989 reasons for retaining that choice differed considerably from its 1984 reasons for permitting manufacturers a choice in respect to airbags. DOT here was not concerned about consumer acceptance; it was convinced that lap-and-shoulder belts would increase safety; it did not fear additional safety risks arising from use of those belts; it had no interest in ensuring a mix of devices; and, though it was concerned about additional costs, that concern was diminishing.
In respect to consumer acceptance, DOT wrote that if
“people who are familiar with and in the habit of wearing lap/shoulder belts in the front seat find lap/shoulder belts in the rear seat, it stands to reason that they would be more likely to wear those belts when riding in the rear seat.” 53 Fed. Reg. 47983 (1988).
In respect to safety, DOT wrote that, because an increasing number of rear seat passengers wore seatbelts, rear seat lap-and-shoulder belts would have “progressively greater actual safety benefits.” 54 Fed. Reg. 46257.
It added:
“[S]tudies of occupant protection from 1968 forward show that the lap-only safety belts installed in rear seating positions are effective in reducing the risk of death and injury. . . . However, the agency believes that rear-seat lap/shoulder safety belts would be even more effective.” Ibid.
Five years earlier, DOT had expressed concern that lap- and-shoulder belts might negatively impact child safety by interfering with the use of certain child car seats that relied upon a tether. But by 1989, DOT found that car-seat designs “had shifted away” from tethers. 53 Fed. Reg. 47983. And rear lap-and-shoulder belts could therefore offer safety[*334] benefits for children old enough to use them without diminishing the safety of smaller children in car seats. Id., at 47988-47989 (“[T]he agency believes that this proposal for rear seat lap/shoulder belts would offer benefits for children riding in some types of booster seats, would have no positive or negative effects on children riding in most designs of car seats and children that are too small to use shoulder belts, and would offer older children the same incremental safety protection [as adults]”). Nor did DOT seek to use its regulation to spur the development of alternative kinds of rear aisle or middle seat safety devices. See 54 Fed. Reg. 46257.
Why then did DOT not require lap-and-shoulder belts in these seats? We have found some indication that it thought use of lap-and-shoulder belts in rear aisle seats could cause “entry and exit problems for occupants of seating positions to the rear” by “stretching] the shoulder belt across the aisleway,” id., at 46258. However, DOT encouraged manufacturers to address this issue through innovation:
“[I]n those cases where manufacturers are able to design and install lap/shoulder belts at seating positions adjacent to aisleways without interfering with the aisle-way’s purpose of allowing access to more rearward seating positions[, the agency] encourages the manufacturers to do so.” Ibid.
And there is little indication that DOT considered this matter a significant safety concern. Cf. Letter from Philip R. Recht, Chief Counsel, National Highway Traffic Safety Admin., to Roger Matoba (Dec. 28, 1994), App. to Reply Brief for Petitioners 2 (“With respect to your concerns about the safety of shoulder safety belts which cross an aisle, I note that such belts do not in fact prevent rearward passengers from exiting the vehicle. Such passengers may . . . g[o] under or over the belt. They may also move the belt aside”).
[*335] The more important reason why DOT did not require lap- and-shoulder belts for rear inner seats was that it thought that this requirement would not be cost effective. The agency explained that it would be significantly more expensive for-manufacturers to install lap-and-shoulder belts in rear middle and aisle seats than in seats next to the car doors. 54 Fed. Reg. 46258. But that fact — the fact that DOT made a negative judgment about cost-effectiveness— cannot by itself show that DOT sought to forbid common-law tort suits in which a judge or jury might reach a different conclusion.
For one thing, DOT did not believe that costs would remain frozen. Rather it pointed out that costs were falling as manufacturers were “voluntarily equipping more and more of their vehicles with rear seat lap/shoulder belts.” Ibid. For another thing, many, perhaps most, federal safety regulations embody some kind of cost-effectiveness judgment. While an agency could base a decision to pre-empt on its cost-effectiveness judgment, we are satisfied that the rulemaking record at issue here discloses no such preemptive intent. And to infer from the mere existence of such a cost-effectiveness judgment that the federal agency intends to bar States from imposing stricter standards would treat all such federal standards as if they were maximum standards, eliminating the possibility that the federal agency seeks only to set forth a minimum standard potentially supplemented through state tort law. We cannot reconcile this consequence with a statutory saving clause that foresees the likelihood of a continued meaningful role for state tort law. Supra, at 328-329.
Finally, the Solicitor General tells us that DOT’S regulation does not pre-empt this tort suit. As in Geier, “the agency’s own views should make a difference.” 529 U. S., at 883.
“Congress has delegated to DOT authority to implement the statute; the subject matter is technical; and the rele[*336]vant history and background are complex and extensive. The agency is likely to have a thorough understanding of its own regulation and its objectives and is ‘uniquely qualified’ to comprehend the likely impact of state requirements.” Ibid.
There is “no reason to suspect that the Solicitor General’s representation of DOT’S views reflects anything other than ‘the agency’s fair and considered judgment on the matter.’” Id., at 884 (quoting Auer v. Robbins, 519 U. S. 452, 462 (1997)).
Neither has DOT expressed inconsistent views on this subject. In Geier, the Solicitor General pointed out that “state tort law does not conflict with a federal ‘minimum standard’ merely because state law imposes a more stringent requirement.” United States Brief in Geier 21 (citation omitted). And the Solicitor General explained that a standard giving manufacturers “multiple options for the design of” a device would not pre-empt a suit claiming that a manufacturer should have chosen one particular option, where “the Secretary did not determine that the availability of options was necessary to promote safety.” Id., at 22; see Brief for United States as Amicus Curiae in Wood v. General Motors Corp., O. T. 1989, No. 89-46, p. 15. This last statement describes the present case.
In Geier, then, the regulation’s history, the agency’s contemporaneous explanation, and its consistently held interpretive views indicated that the regulation sought to maintain manufacturer choice in order to further significant regulatory objectives. Here, these same considerations indicate the contrary. We consequently conclude that, even though the state tort suit may restrict the manufacturer’s choice, it does not “stan[d] as an obstacle to the accomplishment . . . of the full purposes and objectives” of federal law. Hines, 312 U. S., at 67. Thus, the regulation does not pre-empt this tort action.
[*337] The judgment of the California Court of Appeal is reversed.
It is so ordered.
Justice Kagan took no part in the consideration or decision of this case.Concurrence
concurring.
As the Court notes, this is not the first case in which the Court has encountered the express pre-emption provision and saving clause of the National Traffic and Motor Vehicle Safety Act of 1966, 80 Stat. 718, 15 U. S. C. § 1381 et seq. (1988 ed.) (recodified without substantive change at 49 U. S. C. §30101 et seq. (2006 ed.). In Geier v. American Honda Motor Co., 529 U. S. 861 (2000), the Court concluded that the “saving clause (like the express pre-emption provision) does not bar the ordinary working of conflict pre-emption principles,” id., at 869, and therefore engaged in an implied preemption analysis. The majority and dissent in Geier agreed that “a court should not find pre-emption too readily in the absence of clear evidence of a conflict.” Id., at 885.
I agree with the majority’s resolution of this case and with its reasoning. I write separately only to emphasize the Court’s rejection of an overreading of Geier that has developed since that opinion was issued.
Geier does not stand, as the California Court of Appeal, 167 Cal. App. 4th 905, 918-919, 84 Cal. Rptr. 3d 545, 555-556 (2008), other courts, and some of respondents’ amici seem to believe, for the proposition that any time an agency gives manufacturers a choice between two or more options, a tort suit that imposes liability on the basis of one of the options is an obstacle to the achievement of a federal regulatory objective and may be pre-empted.* Rather, Geier turned on[*338] the fact that the agency, via Federal Motor Vehicle Safety Standard 208, “deliberately sought variety — a mix of several different passive restraint systems.” 529 U. S., at 878; ante, at 331. As the United States notes, “a conflict results only when the Safety Act (or regulations implementing the Safety Act) does not just set out options for compliance, but also provides that the regulated parties must remain free to choose among those options.” Brief for United States as Amicus Curiae 8. In other words, the mere fact that an agency regulation allows manufacturers a choice between options is insufficient to justify implied pre-emption; courts should only find pre-emption where evidence exists that an agency has a regulatory objective — e. g., obtaining a mix of passive restraint mechanisms, as in Geier — whose achievement depends on manufacturers having a choice between options. A link between a regulatory objective and the need for manufacturer choice to achieve that objective is the linchpin of implied pre-emption when there is a saving clause.
Absent strong indications from the agency that it needs manufacturers to have options in order to achieve a “significant . . . regulatory objective,” ante, at 330, state tort suits are not “obstacle[s] to the accomplishment ... of the full purposes and objectives” of federal law, Hines v. Davidowitz, 312 U. S. 52, 67 (1941). As the majority explains, the agency here gave no indication that its safety goals required the mixture of seatbelt types that resulted from manufacturers’ ability to choose different options. Ante, at 332-336 (distinguishing the regulatory record in this case from that in Geier).
Especially in light of the “statutory saving clause that foresees the likelihood of a continued meaningful role for state tort law,” ante, at 335, respondents have not carried their burden of establishing that the agency here “deliberately sought variety” to achieve greater safety, Geier, 529 U. S., at 878. Therefore, the Williamsons’ tort suit does not[*339] present an obstacle to any “significant federal regulatory objective,” ante, at 330, and may not be pre-empted.
For these reasons, I concur.
See, e. g., Carden v. General Motors Corp., 509 F. 3d 227, 230-232 (CA5 2007); Griffith v. General Motors Corp., 303 F. 3d 1276, 1282 (CA11 2002); Heinricher v. Volvo Car Corp., 61 Mass. App. 313, 318-319, 809 N. E. 2d 1094, 1098 (2004).
Concurrence
concurring in the judgment.
The Court concludes that the National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act) and Federal Motor Vehicle Safety Standard 208 (FMVSS 208) do not pre-empt the Williamsons’ state tort lawsuit. I agree. But I reach this result by a more direct route: the Safety Act’s saving clause, which speaks directly to this question and answers it. See 49 U. S. C. § 30103(e).
I
The plain text of the Safety Act resolves this case. Congress has instructed that “[e]ompliance with a motor vehicle safety standard prescribed under this chapter does not exempt a person from liability at common law.” Ibid. This saving clause “explicitly preserv[es] state common-law actions.” Wyeth v. Levine, 555 U. S. 555, 599 (2009) (Thomas, J., concurring in judgment). Here, Mazda complied with FMVSS 208 when it chose to install a simple lap belt. According to Mazda, the Williamsons’ lawsuit alleging that it should have installed a lap-and-shoulder seatbelt instead is pre-empted. That argument is foreclosed by the saving clause; the Williamsons’ state tort action is not pre-empted.
The majority does not rely on the Safety Act’s saving clause because this Court effectively read it out of the statute in Geier v. American Honda Motor Co., 529 U. S. 861 (2000). In Geier, the Court interpreted the saving clause as simply canceling out the statute’s express pre-emption clause with respect to common-law tort actions. This left the Court free to consider the effect of conflict pre-emption principles on such tort actions. See id., at 869.
But it makes no sense to read the express pre-emption clause in conjunction with the saving clause. See id., at 898 (Stevens, J., dissenting). The express pre-emption clause[*340] bars States from having any safety “standard applicable to the same aspect of performance” as a federal standard unless it is “identical” to the federal one. § 30103(b). That clause pre-empts States from establishing “objective rule[s] prescribed by a legislature or an administrative agency” in competition with the federal standards; it says nothing about the tort lawsuits that are the focus of the saving clause. Id., at 896.* Read independently of the express pre-emption clause, the saving clause simply means what it says: FMVSS 208 does not pre-empt state common-law actions.
II
As in Geier, rather than following the plain text of the statute, the majority’s analysis turns on whether the tort lawsuit here “ ‘stands as an obstacle to the accomplishment and execution of the full purposes and objectives’” of FMVSS 208. Ante, at 330 (quoting Hines v. Davidowitz, 312 U. S. 52, 67 (1941)). I have rejected purposes-and-objectives pre-emption as inconsistent with the Constitution because it turns entirely on extratextual “judicial suppositions.” Wyeth, supra, at 603 (opinion concurring in judgment); see also Haywood v. Drown, 556 U. S. 729, 756-759 (2009) (dissenting opinion).
Pre-emption occurs “by direct operation of the Supremacy Clause,” Brown v. Hotel Employees, 468 U. S. 491, 501 (1984), which “requires that pre-emptive effect be given only to those federal standards and policies that are set forth in, or necessarily follow from, the statutory text that was produced through the constitutionally required bicameral and presentment procedures.” Wyeth, 555 U. S., at 586 (opinion of Thomas, J.). In short, pre-emption must turn on[*341] the text of a federal statute or the regulations it authorizes. See id., at 587; see also Geier, supra, at 911 (Stevens, J., dissenting).
Purposes-and-objectives pre-emption — which by design roams beyond statutory or regulatory text — is thus wholly illegitimate. It instructs courts to pre-empt state laws based on judges’ “conceptions of a policy which Congress has not expressed and which is not plainly to be inferred from the legislation which it has enacted.” Hines, supra, at 75 (Stone, J., dissenting); Geier, supra, at 907 (opinion of Stevens, J.) (expressing concern about judges “running amok with our potentially boundless (and perhaps inadequately considered) [purposes-and-objectives pre-emption doctrine]”); see also Wyeth, supra, at 594-602 (opinion of Thomas, J.) (recounting the history of the doctrine).
The majority’s purposes-and-objectives pre-emption analysis displays the inherent constitutional problem with the doctrine. The Court begins with FMVSS 208, which allowed manufacturers to install either simple lap or lap-and-shoulder seatbelts in the rear aisle seat of 1993 minivans. The majority then turns to what it considers the primary issue: whether “that choice [was] a significant regulatory objective.” Ante, at 332 (emphasis added). Put more plainly, the question is whether the regulators really wanted manufacturers to have a choice or did not really want them to have a choice but gave them one anyway.
To answer that question, the majority engages in a “freewheeling, extratextual, and broad evaluatio[n] of the 'purposes and objectives’ ” of FMVSS 208. Wyeth, supra, at 604 (opinion of Thomas, J.). The Court wades into a sea of agency musings and Government litigating positions and fishes for what the agency may have been thinking 20 years ago when it drafted the relevant provision. After scrutinizing the 1989 Federal Register, a letter written in 1994, and the Solicitor General’s present-day assurances, the Court finds that the Department of Transportation liked the idea[*342] of lap-and-shoulder seatbelts in all seats, but did not require them, primarily for cost-efficiency reasons and also because of some concern for ingress-egress around the belt mounts. Ante, at 332-336. From all of this, the majority determines that although the regulators specifically and intentionally gave manufacturers a choice between types of seatbelts, that choice was not a “significant regulatory objective” and so does not pre-empt state tort lawsuits.
That the Court in Geier reached an opposite conclusion reveals the utterly unconstrained nature of purposes-and-objectives pre-emption. There is certainly “considerable similarity between this case and Geier. ” Ante, at 327. Just as in this case, Geier involved a choice offered to car manufacturers in FMVSS 208: whether to install airbags. Ante, at 332. And just as in this case, the Court in Geier relied on “history, the agency’s contemporaneous explanation, and the Government’s current understanding” to determine the significance of that choice. Ante, at 332. Yet the Geier Court concluded that “giving auto manufacturers a choice among different kinds of passive restraint devices was a significant objective of the federal regulation,” ante, at 330, and thus found the Geiers’ lawsuit pre-empted.
The dispositive difference between this case and Geier— indeed, the only difference — is the majority’s “psychoanalysis” of the regulators. United States v. Public Util. Comm’n of Cal., 345 U. S. 295, 319 (1953) (Jackson, J., concurring) (describing reliance on legislative history). The majority cites no difference on the face of FMVSS 208 between the airbag choice addressed in Geier and the seatbelt choice at issue in this case.
According to the majority, to determine whether FMVSS 208 pre-empts a tort suit, courts apparently must embark on the same expedition undertaken here: sifting through the Federal Register, examining agency ruminations, and asking the Government what it currently thinks. Pre-emption is then proper if the court decides that the regulators thought[*343] the choice especially important, but not if the choice was only somewhat important. This quest roves far from the Safety Act and analyzes pre-emption based on a formless inquiry into how strongly an agency felt about the regulation it enacted 20 years ago.
“[F]reeranging speculation about what the purposes of the [regulation] must have been” is not constitutionally proper in any case. Wyeth, 555 U. S., at 595 (opinion of Thomas, J.). The Supremacy Clause commands that the “[l]aws of the United States,” not the unenacted hopes and dreams of the Department of Transportation, “shall be the supreme Law of the Land.” U. S. Const., Art. VI, cl. 2. The impropriety is even more obvious here because the plain text of the Safety Act resolves this case.
For these reasons, I concur in the judgment.
See also Sprietsma v. Mercury Marine, 537 U. S. 51, 63-64 (2002) (addressing a similar express pre-emption clause and saving clause in the Federal Boat Safety Act, and holding that it is “perfectly rational” for Congress to bar state “administrative and legislative regulations” while allowing “private damages remedies” to compensate accident victims).