State of Nevada v. Skinner

884 F.2d 445 58 USLW 2156 The STATE OF NEVADA, Plaintiff-Appellant, v. Samuel K. SKINNER * Secretary of Transportation for the United States; and A.J. Horner, Chief of the Nevada Division of the Federal Highway Administration, Defendants-Appellees. No. 88-2486. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 29, 1989. Decided Aug. 31, 1989. Brian McKay, Atty. Gen. of Nevada, Carson City, Nev., Brooke A. Nielsen, Chief Deputy Atty. Gen., Nevada Dept. of Transp., Carson City, Nev., for plaintiff-appellant. Shirley Smith, U.S. Attys. Office, Reno, Nev., Sandra M. Schraibman, Leonard Schaitman, and Robert V. Zener, Dept. of Justice, Washington, D.C., for defendants-appellees. Appeal from the United States District Court for the District of Nevada. Before TANG, REINHARDT and WIGGINS, Circuit Judges. REINHARDT, Circuit Judge: 1 This case raises the first challenge to the constitutionality of the national speed limit. The constitutional question is a fundamental one involving the distribution of powers between the federal government and the states. After fully considering the relevant issues, we decide in favor of the federal government and uphold the national…