Legal Commentary

Legal Realism Again

By Big Tent Democrat

Discussing the SCOTUS' 5-4 decision that state law fraud claims are not preempted by federal labelling statutes, Ann Althouse notes:

This is one of those cases where state law is preserved, yet no one extols the values of federalism. No one even says the word "federalism," as the liberal Justices decide in favor state power, and the conservative Justices worry about "non-uniformity." The tort plaintiffs will be able to go forward with their case, and the cigarette companies must take their lumps.

Sounds like Prof. Althouse thinks some results oriented votes were cast in that case. I imagine they were. It reminds me of my dispute with Prof. Althouse over Bush v. Gore.

Speaking for me only

Full post as published by TalkLeft on December 15, 2008 (boomark / email).