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Yesterday, the Supreme Court asked the Solicitor General to weigh in on whether the Court should grant certiorari in the Farm Raised Salmon Cases. (Here’s a link to Monday’s Order List at the Court. In the Supreme Court, the case is Albertson’s v. Kanter, No. 07-1327.)
Farm Raised Salmon raises the issue of preemption in the context of food, rather than drugs or devices. The preemption analysis is thus different, but it’s always possible that when the Court speaks on one subject, its reasoning will apply to others. Our earlier posts on the Farm Raised Salmon Cases are here and here, and the petition for certiorari in the case is here.
If the Solicitor General files a brief recommending that the Supreme Court grant certiorari, that substantially increases the likelihood that the Court will take the case.