[20180119]LSB10064_不可能优先购买是不可能的吗？联邦毒品法和州侵权索赔的优先权.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Is Impossibility Preemption Impossible? Federal Drug Law and Preemption of State Tort Claims January 19, 2018 Federal preemption, which is grounded in the Constitutions Supremacy Clause, has long been one of the most important and heavily debated defenses for the manufacturers of drugs and medical devices against state tort lawsuits. In this vein, the question of when “impossibility preemption” a form of implied preemption that exists where it is impossible for a private party to comply with both state and federal law should shield drug manufacturers from liability in state-law failure-to-warn claims has long been the subject of dispute, resulting in conflicting opinions from the Supreme and lower courts. The crux of the tension surrounding preemption in this context is a policy debate while consumer advocates argue that state tort liability is key to ensuring patient safety, drug manufacturers urge that such laws may limit patient access to drugs by leaving innovators vulnerable to costly litigation and undermining FDAs authority. Against this backdrop, the Supreme Court is considering whethe