Bench Memos

NRO’s home for judicial news and analysis.

Preemption Up in Smoke


By a 5-4 vote, the Supreme Court has decided in Altria Group v. Good that federal law and regulatory policy on cigarette labelling do not preempt a fraud claim under a more lawsuit-friendly state law.  Justice Thomas dissented, joined by Chief Justice Roberts and Justices Scalia and Alito.  It looks like another term of the Kennedy Court is under way.


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