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: CL&P Blog

American Enterprise Institute's Michael Greve on Wyeth v. Levine

By Brian Wolfman

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by Brian Woflman

Writing in National Review Online, American Enterprise Institute scholar Michael Greve has explained why he thinks the Supreme Court's recent no-preemption decision in Wyeth v. Levine fundamentally misunderstands principles of federalism and is a disaster for the economy. I thought it would be useful to post a view of preemption different from what is typically seen on these pages. The first paragraph of Greve's essay is set out below, followed by a link to the entire piece:

Not so long ago, the Roberts Court drew a torrent of commentary ? most of it critical ? about its supposed pro-business orientation. ?Supreme Court, Inc.? was the title of an article by law professor Jeffrey Rosen in the New York Times Magazine. This year, with a heavily Democratic Congress relieving its pent-up demand for regulation, as well as a financial disaster supposedly caused by ?deregulation? and a new administration with a declared intention to reconstruct the American economy, many expected a confrontation between populist politics and the Supreme Court?s insistence on a modicum of government restraint and reason. But the justices? recent decision in Wyeth v. Levine suggests just the opposite. The Court?s doctrines on the once-arcane subject of ?federal preemption? extend an open invitation to juries, state officials, and tort lawyers to help themselves to even more of the diminishing proceeds of America?s productive economy.

[continue reading here]

Full post as published by CL&P Blog on April 03, 2009 (boomark / email).

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