Morales v. Trans World Airlines, Inc., 504 U.S. 374, 2 (1992)

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Cite as: 504 U. S. 374 (1992)

Syllabus

2. Enforcement of the NAAG fare advertising guidelines through a State's general consumer protection laws is pre-empted by the ADA. Pp. 383-391. (a) In light of the breadth of § 1305(a)(1)'s "relating to" phrase, a state enforcement action is pre-empted if it has a connection with, or reference to, airline "rates, routes, or services." Cf. Shaw v. Delta Air Lines, Inc., 463 U. S. 85, 95-96. Petitioner's various objections to this reading are strained and not well taken. Pp. 383-387. (b) The challenged NAAG guidelines—which require, inter alia, that advertisements contain certain disclosures as to fare terms, restrictions, and availability—obviously "relat[e] to rates" within the meaning of § 1305(a)(1) and are therefore pre-empted. Each guideline bears an express reference to airfares, and, collectively, they establish binding requirements as to how tickets may be marketed if they are to be sold at given prices. In any event, beyond the guidelines' express reference to fares, it is clear as an economic matter that they would have the forbidden effect upon fares: Their compelled disclosures and advertising restrictions would have a significant impact on the airlines' ability to market their product, and hence a significant impact upon the fares they charge. Pp. 387-391.

949 F. 2d 141, affirmed in part and reversed in part.

Scalia, J., delivered the opinion of the Court, in which White, O'Connor, Kennedy, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, in which Rehnquist, C. J., and Blackmun, J., joined, post, p. 419. Souter, J., took no part in the consideration or decision of the case.

Stephen Gardner, Assistant Attorney General of Texas, argued the cause for petitioner. With him on the briefs were Dan Morales, Attorney General of Texas, pro se, Will Pryor, First Assistant Attorney General, and Mary F. Keller, Deputy Attorney General.

Keith A. Jones argued the cause for respondents. With him on the brief for respondent airlines were David Wilks Corban, Andrew C. Freedman, and Ronald D. Secrest. A brief for 31 State Attorneys General, respondents under this Court's Rule 12.4, in support of petitioner was filed by Daniel E. Lungren, Attorney General of California, Roderick E. Walston, Chief Assistant Attorney General, Herschel T. Elkins, Senior Assistant Attorney General, and Albert Norman

375

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