February 26, 2008
Sebok on Riegel & Preemption
In his latest Findlaw column, Tony Sebok discusses the Riegel decision and how it may reveal the Court's approach to the remaining preemption cases on the Court's docket. In particular, Sebok finds clues in Justice Stevens's concurrence, and concludes that "Stevens seems to be telling Scalia that the theory of preemption that Stevens had developed extends only to cases of express preemption--that is, in cases where Congress has clearly stated that it wants to supplant state law, including state common law."
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