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Colorable federal defense

Definition

A requirement for federal officer removal meaning the defendant must be able to raise at least a plausible (non-frivolous) defense based on federal law. It does not require proving the defense will succeed, only that it is not clearly meritless. This is considered a low bar.

Examples

  • Chevron's argument that federal wartime regulations preempt Louisiana's state-law claims about production activities during WWII

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