Federal preemption is based on the US Constitution's Supremacy Clause. The issue of federal preemption is a question of law, since it concerns whether, as a matter of statutory interpretation, Congress has enacted a law for which a particular state rule is to the contrary. The inquiry into the scope of a statute's preemptive effect is guided by the rule that the purpose of Congress is the ultimate touchstone in every preemption case. If the statute at issue contains an express preemption clause, the task of statutory construction must, in the first instance, focus on the plain wording of the clause, which necessarily contains the best evidence of Congress's preemptive intent.
Malerba v. New York City Tr. Auth., NY Slip Op 04344 (1st Dep't August 29, 2024)
