More on the Starr-Chemerinsky pre-emption brief in vaccinations litigation

Law.com: “A brief filed in a major upcoming pre-emption case makes a single point about the meaning of federalism and how Congress must speak clearly if it seeks to pre-empt states from an area of regulation . . . Kenneth Starr and Erwin Chemerinsky . . . joined together for the amicus filing in Bruesewitz v. Wyeth, which asks whether federal vaccine law pre-empts certain design defect claims against vaccine manufacturers in state courts . . . Their brief argues that the robust role for states under the concept of federalism requires Congress to give evidence of a ‘clear and manifest pre-emptive purpose’ when it seeks to take over a field of regulation from states.”