Posted by Orin Kerr:
In First 5-4, Libs Keep AMK:
http://volokh.com/archives/archive_2008_12_14-2008_12_20.shtml#1229362859


   The Supreme Court has handed down [1]Altria Group v. Good, a
   preemption case on cigarette labeling for "light" cigarettes. The
   Justices split 5-4. Justice Stevens wrote the majority opinion: It
   concludes that the smokers' state law fraud claim against Philip
   Morris for misleading claims about light cigarettes was not preempted
   by federal legislation known as the Federal Cigarette Labeling and
   Advertising Act. Justice Thomas dissented, joined by Roberts, Alito,
   and Scalia, and concluded that the state fraud claim was preempted by
   the Act.

References

   1. http://www.supremecourtus.gov/opinions/08pdf/07-562.pdf

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