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Wyeth Vs. Levine

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  • US Supreme Court
  • Mar 04, 2009

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  1. Hines Vs. Davidowitz US Supreme Court · Jan 20, 1941
  2. Medtronic, Inc. Vs. Lohr US Supreme Court · Apr 23, 1996
  3. Gregory Vs. Ashcroft US Supreme Court · Jun 20, 1991
    Relied / Followed
  4. TafflIn Vs. Levitt US Supreme Court · Jan 01, 1990
  5. Mcculloch Vs. Maryland US Supreme Court · Jan 01, 1819
  6. Rush Prudential Hmo, Inc. Vs. Moran US Supreme Court · Jun 20, 2002
  7. Alden Vs. Maine US Supreme Court · Mar 31, 1999
  8. New York Vs. Ferc US Supreme Court · Mar 04, 2002
  9. Syllabus October Term, 2008 Wyeth V. Levine
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  10. s impact on the federal scheme depends on its thoroughness, consistency, and persuasiveness. Cf., e.g., Skidmore v. Swift
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  11. position that state law is a complementary form of drug regulation without providing a reasoned explanation. Geier v. American
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  12. in the judgment. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Scalia, J., joined. Wyeth v. Levine
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  13. Opinion of the Court Wyeth V. Levine
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  14. Supreme Court of the United States No. 06-1249 Wyeth, Petitioner V. Diana
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  15. see Retail Clerks v. Schermerhorn
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  16. Lohr , 518 U. S., at 485 (quoting Rice v. Santa
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  17. Riegel v. Medtronic
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  18. IV-push v. IV-drip
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  19. on its 1906 Act, Congress enacted the FDCA to bolster consumer protection against harmful products. See Kordel v. United
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  20. Bonito Boats, Inc. v. Thunder
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  21. that an agency regulation with the force of law can pre-empt conflicting state requirements. See, e.g. , Geier v. American
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  22. Hillsborough County v. Automated
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  23. s impact on the federal scheme depends on its thoroughness, consistency, and persuasiveness. Cf. United States v. Mead
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  24. Skidmore v. Swift
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  25. pre-emption at all, post , at 21, but this Court has long held to the contrary. See, e.g. , California v. ARC
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  26. see also Rush Prudential HMO, Inc. v. Moran
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  27. Bates v. Dow
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  28. s brief in Geier v. American
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  29. acts as a help or a hindrance to achieving the safe drug-related medical care that Congress sought. Medtronic, Inc. v. Lohr
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  30. cf. Bates v. Dow
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  31. have pre-emptive effect. See Lohr , supra , at 505 (opinion of Breyer, J.) (citing Hillsborough County v. Automated
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  32. S. 707 (1985)). I agree with the Court, however, that such a regulation is not at issue in this case. Wyeth v. Levine
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  33. Thomas, J., Concurring in Judgment Wyeth V. Levine
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  34. Atascadero State Hospital v. Scanlon
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  35. see also Alden v. Maine
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  36. Printz v. United
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  37. New York v. United
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  38. Texas v. White
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  39. Wall. 700, 725 (1869), quoted in New York v. United
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  40. see also United States v. Morrison
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  41. See INS v. Chadha
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  42. pre-emption, Geier v. American
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  43. that are not contained within the text of federal law. See, e.g. , Pharmaceutical Research and Mfrs. of America v. Walsh
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  44. Crosby v. National
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  45. to comply with the Constitution. CSX Transp., Inc. v. Easterwood
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  46. see also New York v. FERC
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  47. Geier v. American
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  48. Wyeth, Petitioner V. Diana
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  49. Rice v. Santa
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