March 31, 2008
Scalia Is Not Fond of the Press Reporting on Preemption
Eric Posner, on the new Slate law blog, has more on Scalia's criticism of press coverage, finding that, indeed, some coverage of the Riegel preemption ruling suggested that the Court just decided it liked the FDA, and that tort suits were thus preempted -- rather than engaging in a textual analysis, etc. Of course, as Posner points out, how one does that textual analysis is often (always?) affected by one's other inclinations, so some of the discussion (particularly that of the NYT's editorial) is not as unfair as Scalia suggests.
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