Legal terms are often so dry that it’s hard to get excited about them. After all, who could possibly be affected by something as abstract as "preemption?"
From the Times:
In the spring of 2000, suffering from a migraine, Ms. Levine visited a clinic near here for a treatment she had received many times: Demerol for the pain and Wyeth’s drug Phenergan for nausea.
“Nothing wrong with either drug,” Ms. Levine said. “They’re both safe when given the right way.”
But if Phenergan is exposed to arterial blood, it causes swift and irreversible gangrene.
You can imagine how this story ends. Diane Levine, a musician, lost her arm because of improperly administered medication (which didn’t give appropriate warning on the lable), and now the pharmacutical company insists that she’s not allowed to sue under state law.
Now the case is coming to the Supreme Court, which hasn’t been a particularly good friend to people like Ms. Levine these last few years.
This is a perfect example of the up-is-down, black-is-white argument that the right has been making (and winning) in courts: that the FDA should protect pharmacutical companies, not individual Americans, when something goes horribly wrong.