Constitutional Law
Sep. 18, 2008
The Business of Pre-Emption
The Supreme Court is clearly giving little weight to its oft-stated presumption against finding pre-emption, writes Erwin Chemerinsky. - Forum Column
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
FORUM COLUMN
By Erwin Chemerinsky No case on the Supreme Court's docket for the coming term is more important than Wyeth v. Levine, 128 S.Ct. 1118 (2008). The issue is whether the Food and Drug Administration's approval of the warning label for a prescription drug pre-empts state tort liability for the failure to warn of side effects. The case involves a drug that is used to treat severe migraine headaches. The FDA approved the warning label,...
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