Cite as: 529 U. S. 861 (2000)
Stevens, J., dissenting
When a federal statute contains an express pre-emption provision, "the task of statutory construction must in the first instance focus on the plain wording of [that provision], which necessarily contains the best evidence of Congress' pre-emptive intent." CSX Transp., Inc. v. Easterwood, 507 U. S. 658, 664 (1993). The Safety Act contains both an express pre-emption provision, 15 U. S. C. § 1392(d), and a saving clause that expressly preserves common-law claims, § 1397(k). The relevant part of the former provides:
"Whenever a Federal motor vehicle safety standard established under this subchapter is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment[,] any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard." 10
The latter states:
"Compliance with any Federal motor vehicle safety standard issued under this subchapter does not exempt any person from any liability under common law." 11
10 This provision is now codified at 49 U. S. C. § 30103(b)(1). Because both federal and state opinions construing this provision have consistently referred to it as "§ 1392(d)," I shall follow that practice. Section 1392(d) contains these additional sentences: "Nothing in this section shall be construed as preventing any State from enforcing any safety standard which is identical to a Federal safety standard. Nothing in this section shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment procured for its own use if such requirement imposes a higher standard of performance than that required to comply with the otherwise applicable Federal standard."
11 This provision is now codified at 49 U. S. C. § 30103(e). See nn. 1 and 10, supra.
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