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1/ In Merck v. Albrecht, J. Breyer gets the order of authorities wrong. First you cite the Constitution, then talk about #SCOTUS precedent. You don't give the Supremacy Clause second billing with a "See also." 
2/ J. Thomas gets it right. Start with the Supremacy Clause--and quote the text!--then talk about #SCOTUS precedent.
3/ J. Thomas rejects almost all of Breyer's analysis. And Thomas cites @CatoInstitute brief. cc: @ishapiro. He only concurs because majority vacates and remands.
4/ J. Alito, CJ Roberts, and J. Kavanaugh concur only in judgment, and do not agree with the majority's "discussion of the law." This 9-0 decision is really closer to 5-4 (with Gorsuch in majority). Here, RBG must have assigned to Breyer.
5/ The assignment in Merck is odd. J. Thomas disagreed with the bulk of Breyer's analysis. Why would he then assign the majority to Breyer? @shermancourt
