318
Thomas, J., delivered the opinion for a unanimous Court. Scalia, J., filed a concurring opinion, in which Ginsburg, J., joined, post, p. 334.
John M. Rea argued the cause for petitioners. With him on the briefs were Vanessa L. Holton, Fred D. Lonsdale, Sarah Cohen, and H. Thomas Cadell, Jr.
James A. Feldman argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Days, Deputy Solicitor General Kneedler, J. Davitt McAteer, Allen H. Feldman, Nathaniel I. Spiller, and Edward D. Sieger.
Richard N. Hill argued the cause and filed a brief for
respondents.*
*Briefs of amici curiae urging reversal were filed for the State of Washington et al. by Christine O. Gregoire, Attorney General of Washington, and Lynn D. W. Hendrickson and Jeff B. Kray, Assistant Attorneys General, Dennis C. Vacco, Attorney General of New York, Victoria A. Graffeo, Solicitor General, and Daniel F. De Vita and M. Patricia Smith, Assistant Attorneys General, Winston Bryant, Attorney General of Arkansas, M. Jane Brady, Attorney General of Delaware, Charles F. C. Ruff, Corporation Counsel for the District of Columbia, Margery S. Bronster, Attorney General of Hawaii, Andrew Ketterer, Attorney General of Maine, J. Joseph Curran, Jr., Attorney General of Maryland, Scott Harshbarger, Attorney General of Massachusetts, Frank J. Kelley, Attorney General of Michigan, Hubert H. Humphrey III, Attorney General of Minnesota, Joseph P. Mazurek, Attorney General of Montana, Frankie Sue Del Papa, Attorney General of Nevada, Deborah T. Poritz, Attorney General of New Jersey, Theodore R. Kulongoski, Attorney General of Oregon, and Thomas W. Corbett, Jr., Attorney General of Pennsylvania; for the American Federation of Labor and Congress of Industrial Organizations et al. by Jonathan P. Hiatt, Laurence J. Cohen, Terry R. Yellig, Laurence Gold, Marsha S. Berzon, and Donald J. Capuano; for the California Association of the Sheet Metal and Air Conditioning Contractors National Association et al. by Robert E. Jesinger; for the Council of State Governments et al. by Richard Ruda and Lee Fennell; and for the National Electrical Contractors Association, Inc., by Gary L. Lieber.
Briefs of amici curiae urging affirmance were filed for Associated Builders and Contractors, Inc., et al. by Mark R. Thierman; and for Signatory Members of the Coalition to Preserve ERISA Preemption by Maurice Baskin.
Briefs of amici curiae were filed for the American Association of Retired Persons et al. by Mary Ellen Signorille, Cathy Ventrell-Monsees,
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