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Wyeth v. Levine
Overlawyered — ... of the Supreme Court’s appropriate structural role to prevent individual states from expropriating the gains from interstate commerce. Sell your pharmaceutical stocks now, because the Supreme Court just declared it open season on productive business. One should now fear the coming decision in the as-yet-to-be-briefed Clearinghouse v. Cuomo, and the effect that is going to have on an already battered banking economy, as well. Beck and Herrmann have first thoughts, but are likely to be relatively quiet thereafter. Tags: constitutional ...

Wyeth and Deference to Agencies:
The Volokh Conspiracy — ... claims like Levine’s obstruct the federal regulation of drug labeling. Congress has repeatedly declined to pre-empt state law, and the FDA’s recently adopted position that state tort suits interfere with its statutory mandate is entitled to no weight. Although we recognize that some state-law claims might well frustrate the achievement of congressional objectives, this is not such a case. The folks at the Drug and Device Law blog have some initial thoughts on the decision here .