Constitutional Law,
U.S. Supreme Court
Mar. 20, 2008
Pre-emptive Hike
Forum Column - By Erwin Chemerinsky - A troubling Supreme Court decision shows the justices' willingness to help business at the expense of injured consumers and patients.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
By Erwin Chemerinsky
This article appears on Page 6.
One would expect that a conservative Supreme Court, committed to federalism and protecting states' rights, would narrow the scope of federal pre-emption. After all, one way to empower state governments is to narrow the reach of federal pre-emption. Lessening pre-emption gives more autonomy and governing authority to state and local governments.
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