Riegel v. Medtronic Redux

Back in February, in Riegel v. Medtronic, the Supreme Court held that Medical Devices Amendments to the Food, Drug, and Cosmetic Act preempted state tort claims for defective medical devices, using a tortuous interpretation of "requirement." Well, Congress is ready to correct that language with the bill to be introduced by Henry Waxman (D-Ca).

Personally, I believe that the Supreme Court should not read preemption into legislation unless Congress explicitly states it.

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