Drug lawsuit case looms

Apparently, the U.S. Supreme Court hasn't heard this case yet, for it seems to be scheduled for October. But let me tell you, with such a right-wing court, there's some serious danger of one of the most stunning acts of judicial activism ever.

In Vermont, a professional musician lost her arm because of gangrene induced by an anti-nausea drug. She sued drug maker Wyeth and won $6,700,000. The Vermont Supreme Court correctly ruled that her suit was permissible and that it was not preempted by the fact that the FDA approved the drug's labeling.

But Wyeth was undaunted by this smackdown. So now they're taking their case to the U.S. Supreme Court. The drug company argues that federal laws preempt (actually prohibit) lawsuits in state court against drug makers. If the SCrOTUS agrees, countless lawsuits against drug makers will be instantly canceled.

Observers think the Supremes might actually rule in favor of the drug companies! If that happens...whooooo, man! People are going to be mad!

There's no legal basis whatsoever for federal preemption of these suits. None. But the lack of a legal basis hasn't stopped the Supreme Court from issuing slaphappy rulings before.

In BushAmerica, the ruling regime and its apologists have had a preemption fetish. Cases like this are porn for them, and they wank to them daily. But this is a case where the federal government has no constitutional authority to preempt the states. State powers reign supreme here. Nothing can legally change that. The states need to stand up and be counted, and if it means allowing legitimate lawsuits to proceed, so be it.

(Source: http://query.nytimes.com/gst/fullpage.html?res=9D07E4DE133BF934A15750C0A96E9C8B63&scp=4&sq=&st=nyt)