I have to hand it to the Bushites. They claim to favor state's rights yet push for federal pre-emption of state tort suits against drug makers. The Bushites do not suffer from Emerson's disease, "Consistency is the hobgoblin of little minds".
Wyeth is a travesty. The Supremes should not have heard it. Scalia may be confused. It is a legal principle that judges review adminstrative agency actions under a "great deference" standard, upholding an adminstrative agency's actions if they have any rational basis. Giving Scalia every benefit of any doubt, he cannot distinguish between a jury verdict and a writ of mandamus. I see no basis to obviate state tort law here. Does Scalia think Wyeth is a collateral estoppel issue? Was Levine a party to the FDA proceedings? Is there res judicata here? Well?