← My Government dashboard

Government Watch

Dossier doctrine doctrine 22-may-2009
Sets direction — not an action. A strategy paper or policy publication stating intent; nothing here is binding.

Preemption

Key claim: This Presidential Memorandum of May 20, 2009, issued by President Obama, sets Administration policy that executive agencies may preempt State law (including common law) only after full consideration of State prerogatives and with a sufficient legal basis under principles including Executive Order 13132. It directs agencies not to place preemption statements in regulatory preambles unless the same language appears in the codified regulation, and it requires a 10-year look-back review of existing preemption language. The memorandum was published in the Federal Register at 74 FR 24693.

Abstract

Federal Register :: Request Access

{ “imports”: { “application”: “/assets/application-cc464116.js”, “@hotwired/turbo-rails”: “/assets/turbo.min-86bf8853.js”, “@hotwired/stimulus”: “/assets/stimulus.min-7ea3d58b.js”, “@hotwired/stimulus-loading”: “/assets/stimulus-loading-25917588.js”, “controllers/application”: “/assets/controllers/application-e5a449db.js”, “controllers/site_feedback_controller”: “/assets/controllers/site_feedback_controller-a99fc93f.js”, “controllers/unblock_controller”: “/assets/controllers/unblock_controller-9520f896.js” } }

import “application”

Request Access

Due to aggressive automated scraping of FederalRegister.gov and eCFR.gov, programmatic access to these sites is limited to access to our extensive developer APIs. Please visit

FederalRegister.gov API

documentation or

eCFR.gov API

documentation to learn more about how to access the API.

Your request has been flagged as potentially automated. If you are human user receiving this message, please complete the CAPTCHA (bot test) below and click “Request Access”. You may occassionally be asked to complete the CAPTCHA again, this is normal and part of our security measures.

unblock#handleSubmit">

Request Access

An official website of the United States government.

If you experiencing issues with the CAPTCHA or want to request a wider IP range, you can use the “Site Help” button found in the lower, right of this page to make a request.

×

IP Access Help

This contact form is only for IP Access help. Please do not provide confidential information or personal data.

  • Your Name

  • Email

  • How can we help you?

Upload Attachment

  • I am requesting technical help.

site-feedback#openModal" aria-label=“Open site help form”>

Site Help

Why this matters

This Presidential Memorandum of May 20, 2009, issued by President Obama, sets Administration policy that executive agencies may preempt State law (including common law) only after full consideration of State prerogatives and with a sufficient legal basis under principles including Executive Order 13132. It directs agencies not to place preemption statements in regulatory preambles unless the same language appears in the codified regulation, and it requires a 10-year look-back review of existing preemption language. The memorandum was published in the Federal Register at 74 FR 24693.

Source

Link

Briefing card

Preemption
Stage: doctrine · doctrine · 22-may-2009

This Presidential Memorandum of May 20, 2009, issued by President Obama, sets Administration policy that executive agencies may preempt State law (including common law) only after full consideration of State prerogatives and with a sufficient legal basis under principles including Executive Order 13132. It directs agencies not to place preemption statements in regulatory preambles unless the same language appears in the codified regulation, and it requires a 10-year look-back review of existing preemption language. The memorandum was published in the Federal Register at 74 FR 24693.

Cross-references (1)
Relation Item Note
scorecard Preemption — stated intents & trail Sets direction — not an action.

External: doctrine:presidential-memorandum-preemption

Ask about this finding

Replies are grounded in the abstract and metadata above. The model will quote directly when possible and say so if a question isn't covered.

Stages other doctrine resolution introduced proposed rule passed chamber executive action final rule enacted district opinion circuit opinion opinion

build build 600 · dacf81d · 2026-11-09