OBAMA ON PREEMPTION

Memo on Overall Policy

In what I believe is the first general policy statement on federal agency preemption, the Obama administration directly rejects what had been the pattern of the past eight years. In particular, note is made of agency preambles which insert preemption language (or presumption) without basis in statutory law. The Troy-era FDA "preemption preamble" will be the most obvious example to people here.

The UPI story on the policy memo is here:

http://www.upi.com/Top_News/2009/05/20/Obama-issues-memo-on-pre-emption-regs/UPI-19211242855063/

In some respects, the Troy-era position was already dissolved. In Wyeth v. Levine, even the dissent paid essentially no attention to it. The majority blew it aside as irrelevant.

Editorial opinion: ding, dong the witch is dead.