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Religion & Law

: Constitutionally Correct

NYT: The Court?s pre-emption test at issue in vaccination case

By Alliance Alert

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New York Times Editorial: "[Bruesewitz v. Wyeth] is about whether the family of a girl, who they said was badly injured by a vaccine, can sue the manufacturer in a state court. Or are they barred by a 24-year-old federal law that blocks this sort of lawsuit if 'the injury or death resulted from side effects that were unavoidable?' That prohibition is called pre-emption, a hot issue in constitutional law because it is at the heart of the balance of power between states and the federal government ? the meaning of federalism."

Full post as published by Constitutionally Correct on October 19, 2010 (boomark / email).

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