To preempt, or not to pre-empt?

May 26th, 2011

In Whiting in the 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?