Cite as: 530 U. S. 363 (2000)
Opinion of the Court
allowing acceptance of a low bid from a listed bidder only if the next-to-lowest bid is more than 10 percent higher. Ibid.
In April 1998, the Council filed suit in the United States District Court for the District of Massachusetts, seeking declaratory and injunctive relief against the petitioner state officials charged with administering and enforcing the state Act (whom we will refer to simply as the State).4 The Council argued that the state law unconstitutionally infringed on the federal foreign affairs power, violated the Foreign Commerce Clause, and was preempted by the federal Act. After detailed stipulations, briefing, and argument, the District Court permanently enjoined enforcement of the state Act, holding that it "unconstitutionally impinge[d] on the federal government's exclusive authority to regulate foreign affairs." National Foreign Trade Council v. Baker, 26 F. Supp. 2d 287, 291 (Mass. 1998).
The United States Court of Appeals for the First Circuit affirmed on three independent grounds. 181 F. 3d, at 45. It found the state Act unconstitutionally interfered with the foreign affairs power of the National Government under Zschernig v. Miller, 389 U. S. 429 (1968), see 181 F. 3d, at 52-55; violated the dormant Foreign Commerce Clause, U. S. Const., Art. I, § 8, cl. 3, see 181 F. 3d, at 61-71; and was preempted by the congressional Burma Act, see id., at 71-77.
The State's petition for certiorari challenged the decision on all three grounds and asserted interests said to be shared by other state and local governments with similar measures.5 Though opposing certiorari, the Council acknowledged the
4 One of the state offices changed incumbents twice during litigation before reaching this Court, see National Foreign Trade Council v. Natsios, 181 F. 3d 38, 48, n. 4 (CA1 1999), and once more after we granted certiorari.
5 "At least nineteen municipal governments have enacted analogous laws restricting purchases from companies that do business in Burma." Id., at 47; Pet. for Cert. 13 (citing N. Y. C. Admin. Code § 6-115 (1999); Los Angeles Admin. Code, Art. 12, § 10.38 et seq. (1999); Philadelphia Code § 17-104(b) (1999); Vermont H. J. Res. 157 (1998); 1999 Vt. Laws No. 13).
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