Federal pre-emption, once an eye-glazing and rarely discussed topic, is now front and center on the Supreme Court’s business docket – including two cases argued in the just-completed November argument cycle.
Whether or not federal statutes should trump state law or, more importantly, state tort actions, is far from an abstract question for businesses in pre-emption cases. Businesses, by and large, would vastly prefer a single federal regime – even one controlled by a Democratic administration – over the unruly and unpredictable patchwork of 50 state legal systems.
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