Cite as: 530 U. S. 363 (2000)
Syllabus
tion of congressional objectives. Barclays Bank PLC v. Franchise Tax Bd. of Cal., 512 U. S. 298, distinguished. Pp. 380-386.
(e) The State's remaining argument—that Congress's failure to preempt state and local sanctions demonstrates implicit permission—is unavailing. The existence of a conflict cognizable under the Supremacy Clause does not depend on express congressional recognition that federal and state law may conflict, and a failure to provide for preemption expressly may reflect nothing more than the settled character of implied preemption that courts will dependably apply. Pp. 386-388.
181 F. 3d 38, affirmed.
Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Kennedy, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, post, p. 388.
Thomas A. Barnico, Assistant Attorney General of Massachusetts, argued the cause for petitioners. With him on the briefs were Thomas F. Reilly, Attorney General, and James A. Sweeney, Assistant Attorney General.
Timothy B. Dyk argued the cause for respondent. With him on the brief were Gregory A. Castanias, John B. Kennedy, and Michael A. Collora.
Solicitor General Waxman argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Assistant Attorney General Ogden, Deputy Solicitor General Kneedler, Barbara McDowell, Mark B. Stern, Alisa B. Klein, Douglas HallwardDriemeier, David R. Andrews, Neal S. Wolin, and Andrew J. Pincus.*
*Briefs of amici curiae urging reversal were filed for the State of Arkansas et al. by Heidi Heitkamp, Attorney General of North Dakota, Douglas A. Bahr, Solicitor General, and Beth Angus Baumstark, Assistant Attorney General, and by the Attorneys General for their respective States as follows: Mark Pryor of Arkansas, Bill Lockyer of California, Ken Salazar of Colorado, Richard Blumenthal of Connecticut, Earl I. Anzai of Hawaii, Richard P. Ieyoub of Louisiana, Andrew Ketterer of Maine, J. Joseph Curran, Jr., of Maryland, Mike Hatch of Minnesota, Jeremiah W. (Jay) Nixon of Missouri, Philip T. McLaughlin of New Hampshire, John J. Farmer, Jr., of New Jersey, Patricia A. Madrid of New Mexico, W. A.
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