A couple weeks ago, we took a look at the brief submitted by the Solicitor General in the Mensing generic preemption case. If you didn’t have time to read that brief, or our slightly shorter post summarizing that brief, here’s an even shorter recap of the government’s position: the 8th Circuit was right to reject the generic manufacturers’ preemption arguments in Mensing, and there’s no need for Supreme Court to take certiorari.
Now, for your reading pleasure, we present the amicus brief submitted by the government in another generic preemption case – Morris v. Wyeth – pending in the 6th Circuit. We won’t go page-by-page, because we don’t need to: the government says its Mensing brief “reflect[s] the same position on the preemption question as this brief.” Amicus Br. at 12 n.5. In fact, it’s pretty much the same brief verbatim, but we provide it here just in case you’re interested (or you are an avid collector of FDA briefs).