Carter Wood at Point of Law misunderstands the legislative process
He just posted an article about bills to undo the Supreme Court decision in Reigel v. Medtronic and entitled the post "Preemption: the legislative undermining under way."
Preemption: The legislative undermining under way
The attacks against federal preemption, a recurring topic of discussion around here, are stepping up in Congress.
On June 26 Rep. Frank Pallone (D-NJ) and Rep. Henry Waxman (D-CA) introduced H.R.6381, the Medical Device Safety Act. Being sold as overturning the Supreme Court's decision in Riegel v. Medtronic, it simply amends the Federal Food, Drug and Cosmetic Act with a clause: "Nothing in this section shall be construed to modify or otherwise affect any action for damages or the liability of any person under the law of any State."
Congress cannot "undermine" the Supreme Court in our system of government; Congress makes the laws, and the Court merely interprets the laws. If the Court ever interprets the laws in such a way Congress finds unacceptable, Congress may (and often does) pass a new law to correct the decision. There's nothing wrong with this; it's how our system of government works.
The "reform" crown often derides trial lawyers for purportedly trying to accomplish in the courts what they had been unable to accomplish in the legislature. So why are they now critical of efforts to get a law passed in Congress? Isn't that what they say we're "supposed to" do? Or are we just supposed to lie down and let business interests dictate the legislative agenda in this country?