Monday, December 15, 2008

What Does Good Say For Levine?

We hear you! We hear you!


We're slaving away at our day jobs, and you keep asking, "What does the Supreme Court's decision in Altria v. Good mean for the pending case of Wyeth v. Levine?"


For assorted reasons, we can't say much on this topic, but we offer these few words:

The bad in Good:


Five justices opposed preemption on some pretty preemption-friendly facts.



The good in Good:


The Solicitor General weighed in against implied preemption in Good, and the Court followed the SG's lead. (As you know, the SG weighed in favoring preemption in Levine, so deference to the SG would be helpful there.)

2 comments:

Anonymous said...

Yep. You read our minds. I for one was looking forward to a follow-up post on Good. Personally I think it's ominous. Given the way he voted here, Kennedy and his bleeding heart schtick must be a due run out in Levine.

Ben said...

I can only hope that the subtle differences in Wyeth v. Levine are enough for a Supreme Court decision favoring preemption.