Executive Activism Not Reciprocated with Judicial Activism: Wyeth v. Levine and Cuomo v. Clearing House Return Preemption to the Legislative Branch

Authors

Anthony C. Coveny, Sanford Barlow LLP
Shelly A. Sanford, Sanford Barlow LLP

First Page

362

Document Type

Article

Abstract

The Supreme Court has taken a strong stand on the preemption issue, with both liberal and conservative justices agreeing to return preemptive authority to Congress. In short, the Supreme Court has properly refused to reward Executive activism with Judicial activism. This article discusses the theoretical foundation of preemption; the requirement of clear Congressional intent; recent Executive Branch attempts to push preemption vis-d-vis agency regulation; the Supreme Court's refusal to reward Executive activism with Judicial activism in Wyeth v. Levine and Cuomo v. Clearing House Ass'n, L.L. C.; and the preemption landscape as it exists in 2009 going forward.

Recommended Citation

Anthony C. Coveny & Shelly A. Sanford, Executive Activism Not Reciprocated with Judicial Activism: Wyeth v. Levine and Cuomo v. Clearing House Return Preemption to the Legislative Branch, 22 St. Thomas L. Rev. 362 (2010).
Available at: https://scholarship.stu.edu/stlr/vol22/iss3/3