Filed November 20, 2013
C. Rule 16-308(E) survives Plaintiff’s facial challenge because it has a plainly legitimate sweep and is not invalid in all instances. If the Court wants to go further than the precedent established by the Colorado Supreme Court opinion and the express directive of Congress in 28 U.S.C. § 530B, then the obvious starting point for Plaintiff’s “facial challenge” is to apply the Salerno test, which other courts have routinely applied to preemption claims. See Cal.