Wal-Mart and Preemption

It is likely that if you are interested in the subject of this blog you already know that the Fourth Circuit has now affirmed the District Court decision striking down Maryland's Fair Share Act.  Workplace prof has a nice post summing up the issue here, and major media accounts can be found here and here.  Workplace prof poses the question of whether this is a decision on its way to the Supreme Court, and expresses some skepticism on that point.  I am skeptical as well, but for a different reason, namely that the decision is essentially a preemption case, and there is nothing really novel going on in that area, either in general or in this particular decision, that would make me think it is obvious grist for the Supreme Court mill.  Rather, the case is in essence a routine application of the law of preemption, only to a politically and socially - rather than legally - charged set of facts.