isn't willing to be that far to think that silence is a kind of principle of lays fair but i think -- laysa fair -- la zze fair. as ted suggested, i think the obama administration may require the agencies not to preempt and therefore allow even more room for states >> just to elaborate on this very interesting -- the pharmaceutical labeling case. what really was the problem here is that the f.d.a. had long taken the view that a federal label was simply a floor, not a ceiling, and the states could regulate through their tort system within that. the bush administration changed that position in a preamble to a regulation, not through notice and comment, and made that the new policy. and justice stevens says in the wyeth opinion that this change is entitled no no deference under chef ron. it was really an extraordinary supreme court reaction to that kind of administrative lapse. >> there is one justice's answer to my question about deference. no deference. now, let's move on to an area, which is, of course, year in and year out a staple of the court's document. criminal justice cases, especiall