Wyeth v. Diana Levine
555 U.S. 555 · Decided March 4, 2009 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Wyeth v. Diana Levine was decided on March 4, 2009 by a vote of 6–3. The Court affirmed the lower court's decision. Justice John Paul Stevens wrote the opinion of the Court. SCDB classifies its main issue as “Federal preemption of state legislation or regulation” in the Federalism area.
Read the opinion
Case details
- Citations
- 555 U.S. 555 · 129 S. Ct. 1187 · 173 L. Ed. 2d 51 · 2009 U.S. LEXIS 1774
- Docket number
- 06-1249
- Decided
- March 4, 2009
- Argued
- November 3, 2008
- Court era
- Roberts Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Affirmed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 6–3
- Majority opinion
- John Paul Stevens
- Opinion assigned by
- John Paul Stevens
- How the case arrived
- Certiorari
- Issue area
- Federalism
- Legal provision
- Federal Food, Drug, and Cosmetic Act
- Type of law
- Federal statute
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice John Paul Stevens | Majority | Wrote an opinion |
| Justice Antonin Scalia | Dissent | |
| Justice Anthony M. Kennedy | Majority | |
| Justice David H. Souter | Majority | |
| Justice Clarence Thomas | Special concurrence | Wrote an opinion |
| Justice Ruth Bader Ginsburg | Majority | |
| Justice Stephen G. Breyer | Concurrence | Wrote an opinion |
| Chief Justice John G. Roberts Jr. | Dissent | |
| Justice Samuel A. Alito Jr. | Dissent | Wrote an opinion |
Full case caption
Wyeth v. Diana Levine
SCDB identifiers: case 2008-029, docket 2008-029-01.
Related decisions
Other cases on “Federal preemption of state legislation or regulation”
- Betty E. Vaden v. Discover Bank
- Edward Jerome Harbison v. Ricky Bell
- Altria Group, Inc. v. Stephanie Good
- Andrew M. Cuomo v. the Clearing House Association, L. L. C.
- Chamber of Commerce of the United States v. Brown
- G. Steven Rowe v. New Hampshire Motor Transport Association
Cases on the same legal provision: Federal Food, Drug, and Cosmetic Act
- Pom Wonderful LLC v. Coca-Cola Co.
- Food and Drug Administration v. Brown & Williamson Tobacco Corporation
- Medtronic, Inc. v. Lora Lohr et Vir
- Young v. Community Nutrition Institute
- United States v. Generix Drug Corp.
- United States v. Rutherford
Same Term, same area (Federalism)
- Altria Group, Inc. v. Stephanie Good
- Betty E. Vaden v. Discover Bank
- Edward Jerome Harbison v. Ricky Bell
- Andrew M. Cuomo v. the Clearing House Association, L. L. C.
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error