Merck Sharp & Dohme Corp. v. Doris Albrecht — Thomas, J., Concurring

Summary

Justice Thomas, in a concurring opinion, explains that Merck's impossibility pre‑emption defense fails because the Supreme Court’s “physical impossibility” test is inappropriate and because FDA communications do not constitute “law” with pre‑emptive effect. He argues that pre‑emption requires a logical contradiction between federal and state law, not merely the possibility that compliance may be difficult.