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PortTack

(35,820 posts)
4. They may try..federal prevails in this arguement
Tue Jun 28, 2022, 02:58 AM
Jun 2022

Garland’s mention of the FDA approval of the drug is a nod toward the federal preemption argument, says Rachel Rebouché, interim dean of Temple University Beasley School of Law. That argument is based on the premise that where federal and state laws conflict, the federal law prevails. In this case, that would mean a safety and efficacy determination by the FDA, a federal agency, would take precedence over a state’s tighter restrictions on a given drug.

https://time.com/6191270/abortion-pills-bans-fda-merrick-garland/

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