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Justice Roberts to Reduce Judicial Caseload By Eliminating Lawsuits

Anyone remember state's rights?

No, me neither. Now I guess the smart thing is to have federal appointees and goyisher kopfs in DC like Heckuva job Brownie deciding everything. At least that's what I understand Justice Roberts is planning on doing this term:

Several conservative justices tied the case to earlier Supreme Court precedent that has preempted state-level cases when federal agencies are involved in oversight of an industry. Chief Justice John Roberts Jr., for example, cited last year's 9-1 ruling in Riegel v. Medtronic Inc. (MDT), which barred a state lawsuit on medical devices because of federal device regulations.

Several liberal justices, meanwhile, suggested they think the tobacco advertising law at issue may not bar lawsuits over light cigarettes.

Washington-based attorney David Frederick, representing the plaintiffs, argued federal statutes trump state laws on a case-by-case basis. He added that the FTC's oversight of tobacco labeling dates to a 1960s law and Congress "gave no intention whatsoever to immunize cigarette makers" when it passed the provision.

Taking a look at their caseload, I'm pretty sure some unqualified, overworked, conflict-ridden bureaucrat will soon be deciding every antitrust, medical device, drug safety, and consumer issue in America. But look on the bright side -- you'll have no trouble getting on motion calendar for your next foreclosure proceeding.

Meanwhile, the Dow is down 800 points.....I'm gonna need a windsurfing fix if this keeps up!

Full post as published by South Florida Lawyers on October 06, 2008 (boomark / email).