Litigation: The Future Of Federal Preemption

JUDGE PRYOR: Welcome to this luncheon panel that has been organized by the Litigation Section and will address the future of federal preemption.

Federal preemption of course is a recurring concern of the Supreme Court of the United States in cases about a wide variety of economic regulations, including regulations of financial services, product safety, environmental protection, and the labeling of food and drugs.

Our panel will discuss whether there is a discernable pattern in the decisions of the Supreme Court about preemption, whether and how recent changes in the membership of the Supreme Court will affect any pattern of those decisions, and whether there is a principled and coherent framework that the Court should employ in this vital area of constitutional law. To discuss these matters, the Society has assembled a distinguished panel of experts. Each panelist will make an opening statement of eight to 10 minutes. I will make sure they adhere to it.

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