To preempt, or not to pre-empt?

May 26th, 2011

In Whiting in┬áthe majority opinion by Chief Justice Roberts, it is spelled “preempt.” In the dissenting opinions by Justice Breyer and Justice Sotomayor, it is spelled pre-empt. Which one is it? Preempt? Or Pre-Empt? They can’t even agree how to spell it, no wonder they can’t agree how to apply it! I suppose we have 5 votes for preempt, so that should be the rule?