Members of Congress

Eighteen Members of Congress as amici curiae in Wyeth v. Levine, 129 S.Ct. 1187 (Mar. 4, 2009), which presented the question whether FDA approval of prescription drug labeling preempts state law product liability claims. See 2008 WL 3851609 (brief) (U.S. Supreme Court).

Representative Henry Waxman as amicus curiae in a case presenting the question whether the Hatch-Waxman Act preempts state-law failure-to-warn claims against the manufacturer of a generic drug whose warnings were, as the Hatch-Waxman Act and the FDA’s implementing regulations expressly require, “the same as” those the FDA approved for the product’s brand-name equivalent.  PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011).  See 2011 WL 794113 (brief).

Amici Members of Congress in support of the Environmental Protection Agency in a case involving the decision of the EPA to deny California’s application for a waiver of federal preemption pursuant to Section 209 of the Clean Air Act, 42 U.S.C. ยง 7543, regarding state greenhouse gas regulation of motor vehicle emissions. State of California v. United States EPA, Nos. 08-1178 (U.S. Court of Appeals for the District of Columbia Circuit).

Senator Carl Levin (D-Mich.) in a case presenting the question of the enforceability of an offer made by then-RNC Chair Haley Barbour to pay $1 million to the first person who could demonstrate that Republican plans for Medicare spending were false. Republican National Committee v. Taylor, 299 F.3d 887 (D.C. Cir. 2002). See 2002 WL 34244483 (brief) (U.S. Court of Appeals for the District of Columbia Circuit).

Rep. Henry A. Waxman in a case involving the preemption of state-law failure-to-warn claims under the Hatch-Waxman Amendments. PLIVA, Inc. v. Mensing, 131 S.Ct. 2567 (2011).

Members of Congress in a case involving Bivens tort actions against members of the Public Health Service for constitutional violations arising out of their official duties. Hui v. Castaneda, 130 S. Ct. 1845 (2010).