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115 Turning to the Court's recent decision in Riegel , Justice Thomas considered it notable that the majority led by Justice Scalia, decided against invoking it so as "to bend the text of the statute to meet the perceived purpose of Congress." 116 He interpreted this as a necessary "rejection of any role for the presumption in construing the statute." The dissent further emphasized Riegel's role in undermining Cipollone in that the Riegel Court "conclusively decided that a common-law cause of action imposes a state-law 'requirement' that may be pre-empted by federal law." 117 Justice Thomas added that Reilly also undermined the Cipollone plurality's reading of 5(b) because it did not use the Cipollone plurality's analysis when it analyzed the regulations enacted by the Attorney General

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