Also known as: law of the several states · state laws
Written by attorneys · grounded in primary & secondary sources — see below
The body of statutes and judicial decisions enacted or rendered by the states that federal courts must apply as rules of decision in civil actions. This requirement holds except where the Constitution, treaties, or federal statutes otherwise provide or require.
Lumen Capital, a brewery based in State X, sells beer to distributors in State Y. State Y requires all out-of-state sellers to certify that their in-state prices match or undercut prices charged anywhere else. Lumen refuses the certification and faces an enforcement action. A federal court applies the laws of the several states but holds that State Y's measure cannot stand because it regulates conduct beyond its borders.
Lucas Lee, a resident of State A, and Layla Lane, a resident of State B, seek to marry in State A. State A enforces a statute barring interracial unions. The couple sues in federal court. The court looks to the laws of the several states yet concludes that the ban violates the Fourteenth Amendment and cannot be applied.
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Loyal Insurance receives a Treasury rebate check drawn on the United States and deposits it at Linden Bank. The bank applies varying state standards for good-faith verification of endorsements. The United States sues in federal court to recover on an alleged forgery. The court determines that federal common law supplies the governing standard rather than the laws of the several states.
Lighthouse Shipping, an out-of-state bank, opens branches in State C. State C imposes higher capital requirements on out-of-state banks pursuant to a federal statute that expressly permits such treatment. Lighthouse challenges the requirements under the dormant Commerce Clause. The federal court applies the laws of the several states and upholds the statute because Congress has clearly authorized the discrimination.
Liam Larson, a citizen of State D, sues Erie Railroad in federal court after an injury on a permissive path along the tracks in State D. Erie contends that federal common law should supply the standard of care. The court applies the laws of the several states and follows State D's rule that a jury may find negligence on those facts.
Lamar Lewis and Lucia Lopez, a same-sex couple, seek a marriage license in State E under its laws of the several states. State E refuses on the ground that its statutes limit marriage to opposite-sex couples. The couple sues in federal court. The court holds that the state laws cannot stand because they infringe a fundamental right protected by the Fourteenth Amendment.
A federal court must apply the laws of the several states as rules of decision in civil actions except where the Constitution, treaties, or Acts of Congress otherwise require or provide. This directive comes from the Rules of Decision Act and governs diversity cases and other matters not implicating unique federal interests.
Yes. The laws of the several states encompass state statutes and state-court decisions on questions of general law. Federal courts therefore look to both enacted law and judicial precedent when state law supplies the rule of decision.
Yes. When Congress clearly authorizes state restrictions or discriminatory treatment in a particular economic sector, state laws that would otherwise violate the dormant Commerce Clause can be upheld. The laws of the several states then operate within the scope of that federal permission.
…AMA councils and committees; "the remarkable shift in testimony" in six months, felt to be influenced "by the rapid changes in state laws and by the judicial decisions which tend to make abortion more freely available;" and a feeling "that this trend will continue." On June 25, 1970, the House of Delegates adopted preambles…