“The Ordinary Diet of the Law”: The Presumption Against Preemption in the Roberts Court

Young assesses the current state of the Roberts Court's preemption jurisprudence, situate it within the broader context of constitutional federalism doctrine, and hazard some guesses about where the Court may be headed. Young asserts that that preemption doctrine should align more closely to the broader imperatives of constitutional federalism doctrine in the post-New Deal era.