Biotech Values

[zipjet]

I never took the position that there are no arguments against preemption - rather that I would prefer one set of rules imposed by Congress to lots of litigation all over the country applying different rules. Preemption gets policy to where I want it. No preemption get the law to where the trial lawyers want it.

It is a risk to take the arguments and questions of Appellate judges during argument before them and infer they hold a particular view. Too often you find they were probing the strength of positions that they are planning on defending or just considering where they want to position themselves. Souter may very well agree with your argument. If he writes for the Court or some other opinion, we may just find out.

Respectfully submitted,

ij