BSLW1021 Lecture Notes - Lecture 5: Broccoli, Antonin Scalia, Patient Protection And Affordable Care Act
Document Summary
No: preempted by federal law: wyeth v. levine: congress could have made it clear the fda labels preempts state law and they did not, historically congress has left it to the torts. Police power: states govern the citizens in their daily lives that protect their safety, welfare, and healthy. Each branch is in competition but still has respect for them. Living document vs. bedrock view: living document: us constitution should be interpreted broadly, society is evolving and we should use the notions of evolving society to use the. Ex. same sex marriage, abortion: bedrock: not the job of the court to read into the constitution, should be interpreted literally (dead constitution not a living document) The drug company was able to comply with both fda regulations and its state law to warn. Mazda case: followed wyeth as precedent since they felt that. If does not impact commerce/national economy then cannot control. People won"t come and visit, importing chickens.
