The decision in the blockbuster case of Wyeth v. Levine is just out, and Lyle Dennison’s early commentary is here. To summarize: In an opinion by Stevens, joined by Kennedy, Souter, Ginsburg, and Breyer, the Court held that FDA approval of a drug’s labeling does not preempt state-law failure-to-warn claims. …
The Constitution of the United States of America Congress Doesn’t Have the Authority: Congress lacks the constitutional authority to simply grant the District a voting representative, as the Constitution explicitly limits such representation to states alone. Members of Congress are bound by their oath to reject proposals that violate the …
(Commentary by Heritage’s Brian Walsh) The Supreme Court yesterday decided not to consider an important case, Sorich v. U.S., on the meaning and scope of an exceedingly broad federal statute that has been used to prosecute a breathtaking range of conduct. Associate Justice Antonin Scalia again broke with the strict …
When he signed executive orders which supposedly tightened federal ethics rules for White House officials, President Barack Obama said, “We need to make the White House the people’s house, and we need to close the revolving door that lets lobbyists come into government freely and lets them use their time …
Eric Holder, the new Attorney General has the opportunity this week to show whether he really intends to keep his promise of supposedly making sure there are no “politics” in the actions and decisions made by the Department of Justice. As Steve Hayward reports over at National Review, the Washington …
Trial lawyer Neil Fineman brought a class action lawsuit on behalf of customers of a department store who were asked to provide personal information to the store–usually an email address or phone number–when paying by credit card, which is against the law in California. The normal way these things work: …