May 21, 2019

News Alert: Schaerr|Jaffe Amicus Brief for Cato Cited in Justice Thomas Concurrence

The amicus brief on behalf of the Cato Institute, written by Schaerr-Jaffe partner Erik Jaffe, along with former Solicitor General Ken Starr, Professor Arthur Miller and others from the Lanier Law Firm, and Ilya Shapiro and Trevor Burrus from Cato, was cited by Justice Thomas in his concurrence In Merck Sharp & Dohme Corp. v. Albrecht. No. 17-290, released on May 20, 2019. 

While the case was remanded, the court correctly continued to show skepticism towards agency preemption of state law and set a high bar for such preemption in the context of drug labeling.