Here Come da Judges

On Patriot Day in the year 2009, the three-judge panel of the United States Court of Appeals for the Eighth Circuit ruled as follows:

"In these consolidated appeals, the National Football League (NFL), Dr. John Lombardo, Independent Administrator of the Policy on Anabolic Steroids and Related Substances, and Adolpho Birch, the NFL’s Vice President of Law and Labor Policy, appeal the district court’s order concluding that the Minnesota statuatory claims alleged by Kevin Williams and Pat Williams of the Minnesota Vikings (collectively,"the Players") are not preempted by section 301 of the Labor Management Relations Act ("section 301" or "LMRA"), 29 U.S.C. § 185. The Players cross-appeal the district court’s order concluding that their Minnesota common law claims are preempted by section 301. In addition, the National Football League Players Association (the "Union"), the certified collective bargaining representative of all NFL players, appeals the district court’s order confirming the arbitration awards which upheld the Players’ suspensions. We affirm in all respects."

"We affirm in all respects" indicates the rulings of the lower federal court are completely upheld on appeal, including the two items ruled in favor of the Williamses regarding state law being heard by the state court.

The appeals court explained further that section 301 of the Labor Relations Management Act was never intended by Congress to grant collective bargaining agreements the force of federal law or to override any state laws they may find inconvenient. 

So sayeth the court.

I say this: the Constitution, the document which created Congress itself, does not permit Congress to invalidate State laws which are allowed by that same Constitution.  Congress does not have the power to override state law except where the Constitution itself empowers it to do so.

The Wall still stands!