Tuesday, January 6, 2009
In his latest Findlaw column, Tony Sebok discusses the Supreme Court's recent preemption decision in Altria Group v. Good (pdf). Sebok believes that "the two deeply-divided opinions produced by the Court give us hints as to how it will decide the next preemption case, Wyeth v. Levine." In particular, Sebok notes that Justice Stevens based his majority opinion on the "presumption against preemption," which Justice Thomas disagreed with strongly in his dissent.