> ## Content Index
> Fetch the complete content index at: https://www.fdaweb.com/llms.txt
> Use this file to discover other available public pages before exploring further.

# Gorsuch Likely to Maintain Preemption Jurisprudence: Lawyers
- URL: https://www.fdaweb.com/gorsuch-likely-to-maintain-preemption-jurisprudence-lawyers/
- Published: 2017-06-21T12:00:00.000Z
- Updated: 2026-09-14T22:30:46.000Z
- Author: David McFarland
- Tags: Drugs, Devices, #legacy-id-D5138998

Two Shook, Hardy & Bacon attorneys say that a review of new Supreme Court justice **Neil Gorsuch**’s 10th Circuit Court of Appeals preemption appeals indicate that his appointment should help maintain the status quo as it relates to preemption jurisprudence. “More significantly,” they [write](http://www.wlf.org/upload/legalstudies/legalopinionletter/061617LOL%5FCruz-Alvarez.pdf?ref=fdaweb.com) in a Washington Legal Foundation *Legal Opinion Letter*, the addition of Justice Gorsuch should weigh in favor of the side pulling for textualism in the ongoing tug-of-war over statutory construction in the Supreme Court. Only time will tell whether the ground gained on this issue will be permanent.”

One of the opinions the attorneys reviewed dealt with a case involving Medtronic’s Infuse bone graft device. Gorsuch wrote that the plain language of the Medical Device Amendments states that a plaintiff may not invoke state law to impose any requirement that relates to the safety or effectiveness of a device that is different from, or in addition to, any requirement applicable to the device. He said there is no distinction in whether a plaintiff seeks to use state law to impose requirements for off-label or on-label uses.