Solicitor General Asked to Advise Supremes on Preemption

I didn’t notice this story yesterday, but it’s a pretty big deal.

In an order issued yesterday, November 6, the Supreme Court asked (read: required) the Solicitor General to express the views on the United States in an important preemption case from the Second Circuit, Riegel v. Medtronic.  The Court will consider the S.G.’s views before deciding whether to grant certiorari.  The question in Riegel is whether the Medical Device Amendments to the Food, Drug, and Cosmetic Act preempt state-law suits seeking damages for injuries from medical devices that have received FDA pre-market approval.