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Federalism

California Law Generally Requiring Federal Law Enforcement Officers to Display ID Violates Supremacy Clause

So the Ninth Circuit held yesterday.

Eugene Volokh | 4.23.2026 12:59 PM

An excerpt from yesterday's decision in U.S. v. California, by Judge Mark Bennett, joined by Judges Jacqueline Nguyen and Daniel Collins:

[T]he United States seeks an injunction pending appeal that enjoins … enforc[ement of] § 10 of the [California] No Vigilantes Act … against federal agencies and officers. Section 10 requires any non-uniformed "federal law enforcement officer" operating in California, with narrow exceptions, to "visibly display identification" while performing federal law enforcement duties. Officers who violate the law may be criminally prosecuted by the State….

We conclude that § 10 of the No Vigilantes Act attempts to directly regulate the United States in its performance of governmental functions. The Supremacy Clause forbids the State from enforcing such legislation….

When "[t]he Framers split the atom of sovereignty," they put the federal government under the "control[ ] [of] the people........

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