Relevant and even prescient commentary on news, politics and the economy.

Tic Tac Toe, Supreme Court style

(This was first posted February 21, 2008.)

Bribes, payola, favor of the physical kind? Forget-about it. Just put the right person in the appropriate agency, preferably a person from the line of business the agency is to regulate. But, for extra insurance over the long haul, with a little luck of timing you get to fix the legal issue almost permanently: supreme court justices.

Justices Make it Tougher to Sue Makers of Medical Devices

The case has significant implications for the $75 billion-a-year health care technology industry, whose products range from heart valves to toothbrushes. In a recent three-month span, federal regulators responded to over 100 safety problems regarding medical devices.

At issue before the Supreme Court was whether the estate of Charles Riegel could sue a company under state law over a device previously cleared for sale by federal regulators. State lawsuits are barred to the extent they would impose requirements that are different from federal requirements, said the ruling by Justice Antonin Scalia.

In dissent, Justice Ruth Bader Ginsburg said that Congress never intended “a radical curtailment of state common-law lawsuits seeking compensation for injuries caused by defectively designed or labeled medical devices.”

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Senator Whitehouse lays it all out or: How to hide the Court Packing

This is what I believe Eric Kramer is asking for.  If we are ever going to fix the justice system and ultimately this nation, what Senator Whitehouse presented today needs to be internalized by everyone.

Yes, ACA, abortion, gay marriage.  They are major issue, I have a stake in 2 of them.  But – a big ass BUT – the real game is the machine that has been operating for a very long time and honed to a run as smooth as a screaming F1 engine.  And it’s screaming.  Senator Whitehouse has just educated everyone on the engineering of this engine.

It is reverting.  It should be all over the news.  It should be what the Democratic party et al start pounding during these final weeks of campaigning.  It is the real court packing that has been happening.  Note in this presentation the Republican Congress men that signed court briefs written for them as if they did it out of their own conscience.

And, has Senator Whitehouse notes, this was just the ground work for his questioning of her tomorrow.

Did I see a hint of shame in Barrett’s face?

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