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90-1604.ZS
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NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
MORALES, ATTORNEY GENERAL OF TEXAS v.
TRANS WORLD AIRLINES, INC.
certiorari to the united states court of appeals for
the fifth circuit
No. 90-1604. Argued March 3, 1992-Decided June 1, 1992
In order to ensure that the States would not undo the anticipated
benefits of federal deregulation of the airline industry, the pre-
emption provision of the Airline Deregulation Act of 1978 (ADA)
prohibits them from enforcing any law ``relating to [air carriers']
rates, routes, or services.'' 49 U.S.C. App. 1305(a)(1). After the
National Association of Attorneys General (NAAG) adopted guidelines
that contain detailed standards governing, inter alia, the content and
format of airline fare advertising, and that purport to be enforceable
through the States' general consumer protection statutes, petitioner's
predecessor as Attorney General of Texas sent notices of intent to sue
to enforce the guidelines against the allegedly deceptive fare adver-
tisements of several of the respondent airlines. Those respondents
filed suit in the District Court for injunctive and other relief, claim-
ing that state regulation of fare advertisements is pre-empted by
1305(a)(1). The court ultimately issued an order permanently
enjoining any state enforcement action that would regulate or restrict
``any aspect'' of respondents' fare advertising or other operations
involving rates, routes, or services. The Court of Appeals affirmed.
Held:
1.Assuming that 1305(a)(1) pre-empts state enforcement of the
fare advertising portions of the NAAG guidelines, the District Court
could properly award respondents injunctive relief restraining such
enforcement. The basic doctrine that equity courts should not act
when the moving party has an adequate remedy at law does not
prevent federal courts from enjoining state officers from acting to
enforce an unconstitutional state law where, as here, such action is
imminent, repetitive penalties attach to continuing or repeated
violations of the law, and the moving party lacks the realistic option
of violating the law once and raising its federal defenses. Ex parte
Young, 209 U.S. 123, 145-147, 156, 163-165. As petitioner has
threatened to enforce only the obligations described in the fare
advertising portions of the guidelines, however, the injunction must
be vacated insofar as it restrains the operation of state laws with
respect to other matters. See, e. g., Public Serv. Comm'n of Utah v.
Wycoff Co., 344 U.S. 237, 240-241. Pp.4-6.
2.Enforcement of the NAAG fare advertising guidelines through
a State's general consumer protection laws is pre-empted by the ADA.
Pp.6-14.
(a)In light of the breadth of 1305(a)(1)'s ``relating to'' phrase,
a state enforcement action is pre-empted if it has a connection with
or reference to airline ``rates, routes, or services.'' Cf. Shaw v. Delta
Air Lines, Inc., 463 U.S. 85, 95-96. Petitioner's various objections
to this reading are strained and not well taken. Pp.6-10.
(b)The challenged NAAG guidelines-which require, inter alia,
that advertisements contain certain disclosures as to fare terms,
restrictions, and availability-obviously ``relat[e] to rates'' within the
meaning of 1305(a)(1) and are therefore pre-empted. Each guideline
bears an express reference to airfares, and, collectively, they establish
binding requirements as to how tickets may be marketed if they are
to be sold at given prices. In any event, beyond the guidelines'
express reference to fares, it is clear as an economic matter that they
would have the forbidden effect upon fares: Their compelled disclo-
sures and advertising restrictions would have a significant impact on
the airlines' ability to market their product, and hence a significant
impact upon the fares they charge. Pp.10-14.
949 F.2d 141, affirmed in part and reversed in part.
Scalia, J., delivered the opinion of the Court, in which White,
O'Connor, Kennedy, and Thomas, JJ., joined. Stevens, J., filed a
dissenting opinion, in which Rehnquist, C. J., and Blackmun, J.,
joined. Souter, J., took no part in the consideration or decision of the
case.