Jack Goldsmith and Amira Mikhail agree with Kontorovich in that presidential preemption policies enshrined in the Court’s decision in American Insurance Association v. Garamendi likely do not apply in the case of the JCPOA and state sanctions, and that the Court’s ruling in Medellin further emphasizes this. However, they argue that federal preemption relying on the precedent of Crosby v. NFTC may have a stronger legal foundation. Read more https://www.lawfareblog.com/does-iran-deal-require-usg-seek-preemption-some-state-sanctions
Does the Iran Deal Require the USG to Seek Preemption of (Some) State Sanctions?
May 30, 2016