| Crosby v. National Foreign Trade Council | |
|---|---|
 | |
| Argued March 22, 2000 Decided June 19, 2000 | |
| Full case name | Stephen P. Crosby, Secretary of Administration and Finance of Massachusetts, et al. v. National Foreign Trade Council |
| Citations | 530U.S.363 (more) 120 S. Ct. 2288; 147L. Ed. 2d 352; 2000U.S. LEXIS 4153 |
| Case history | |
| Prior | Natl. Foreign Trade Council v. Baker, 26F. Supp. 2d287 (D. Mass. 1998); affirmed sub. nom.,Nat'l Foreign Trade Council v. Natsios, 181F.3d38 (1st Cir. 1999);cert. granted,528 U.S. 1018 (1999). |
| Holding | |
| The state Act is preempted and its application unconstitutional, under the Supremacy Clause. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Souter, joined by Rehnquist, Stevens, O'Connor, Kennedy, Ginsburg, Breyer |
| Concurrence | Scalia, joined by Thomas |
| Laws applied | |
| U.S. Const. art. VI | |
Crosby v.National Foreign Trade Council, 530 U.S. 363 (2000), was a unanimous case in which theSupreme Court of the United States used thefederal preemption doctrine to strike down theMassachusetts Burma Law, a law that effectively prohibitedMassachusetts' governmental agencies from buying goods and services from companies conducting business withMyanmar (Burma), essentially asecondary boycott.[1] The Massachusetts Burma Law was modeled after similar legislation that had targeted theapartheid regime ofSouth Africa.
The Court reasoned that since theUnited States Congress passed a law imposing sanctions on Myanmar, the Massachusetts law "undermines the intended purpose and 'natural effect' of at least three provisions of the federal Act, that is, its delegation of effective discretion to the President to controleconomic sanctions against Burma, its limitation of sanctions solely to United States persons and new investment, and its directive to the President to proceed diplomatically in developing a comprehensive, multilateral strategy towards Burma."[2]
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