Liberal Justices Prevail in First 5-4 of the Term:
The Supreme Court has handed down Altria Group v. Good, a preemption case on cigarette labeling for "light" cigarettes. The Justices split 5-4. Justice Stevens wrote the majority opinion: It concludes that the smokers' state law fraud claim against Philip Morris for misleading claims about light cigarettes was not preempted by federal legislation known as the Federal Cigarette Labeling and Advertising Act. Justice Thomas dissented, joined by Roberts, Alito, and Scalia, and concluded that the state fraud claim was preempted by the Act.