American Airlines, Inc. v. Wolens, 513 U.S. 219, 21 (1995)

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Cite as: 513 U. S. 219 (1995)

Opinion of O'Connor, J.

terms, in accordance with state contract law, does not amount to a "State . . . enforc[ing] any law," § 1305, but instead is simply a State "hold[ing] parties to their agree-men[t]." See ante, at 229, and n. 5. It therefore concludes that § 1305 does not apply to respondents' contract actions. I cannot agree with that conclusion.

I do not understand the Court to say that a State only "enforces" its "law" when some state employee (e. g., an attorney general, or a judge) orders someone to do something. If that were the meaning of "enforce" in this context, then a diversity action brought by a private party under state law in federal court would never be subject to § 1305 preemption, because no state employee is involved, whereas the same action might be pre-empted in state court. That would make little sense, and federal courts have routinely considered § 1305 in determining whether a particular state law claim is pre-empted. E. g., Statland v. American Airlines, Inc., 998 F. 2d 539, 541-542 (CA7) (contract claim preempted), cert. denied, 510 U. S. 1012 (1993); West v. Northwest Airlines, Inc., 995 F. 2d 148, 151 (CA9 1993) (tort claim for punitive damages pre-empted), cert. denied, 510 U. S. 1111 (1994); Cannava v. USAir, Inc., No. 91-30003-F, 1993 WL 565341, *6 (D. Mass., Jan. 7, 1993) (tort and contract claims pre-empted). Consequently, one must read "no State . . . shall . . . enforce any law" to mean that no one may enforce state law against an airline when the "enforcement actio[n] ha[s] a connection with, or reference to, airline 'rates, routes, or services.' " Morales, supra, at 384. This explains the Court's conclusion, with which I agree, that private parties such as respondents may not enforce the Illinois consumer fraud law against petitioner in an action whose subject matter relates to airline rates and services. Ante, at 228.

As I read § 1305 and Morales, however, respondents' contract claims also must be pre-empted. The Court recognizes, ante, at 227, that the "guidelines" at issue in Morales

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