Erwin Chemerinsky, a liberal scholar, and Kenneth Starr, a conservative, may appear to be the Oscar and Felix of constitutional law, but they’re also friends and, perhaps surprisingly, share essentially the same view in one, increasingly hard-fought area of constitutional law. They both believe that federal law should trump state tort actions only when Congress has clearly stated that it must.
Chemerinsky, dean of the University of California-Irvine School of Law, and Starr, president of Baylor University, have teamed up on an amicus brief in one of four pre-emption cases the U.S. Supreme Court has agreed to hear in the coming term.
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