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Preemption and Arizona redux



In the Wall Street Journal, Jay Lefkowitz and Michael Shumsky defend the US v. Arizona result as a fair application of preemption—and ask whether the Obama administration will be as solicitous of the doctrine when it comes to upsetting the trial lawyers in drug litigation.

There's a difference, however, between Arizona and Buckman: there exists a federal statute requiring DHS to assist local law enforcement. There is no similar FDA obligation. The argument for Buckman preemption is stronger in the FDA context.

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Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute
igorodetski@manhattan-institute.org

Katherine Lazarski
Press Officer,
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.