The US position on state sovereignty can create strange situations. Recent government administrations have taken oppposite sides of this thorny one (Clinton’s for, Bush’s against)–does federal approval of medical devices shield manufacturers from product liability lawsuits in state courts. So far, most federal appeals courts have said, yes, indeed, if your FDA-approved device fails during my operation, I can sue you anyway in state court.
Well, the Supreme Court is made up of individuals with political leanings. It’ll be interesting to see where it lands.