Supreme Court Justice (nominated by Pres. George W. Bush 2005)
OpEd: sympathetic to labeling ObamaCare unconstitutional
The Federalist Society is a powerful network of influential conservative legal scholars. So not only is it likely that Sen.Mitch McConnell will be able to count on conservative legal experts to help Republicans make the case for why health care reform is
unconstitutional, but he will be sure to find sympathetic judges at all levels, including Supreme Court justices like John Roberts, Samuel Alito, Antonin Scalia.
Source: Amanda Terkel in Huffington Post, "Mitch McConnell"
, Nov 18, 2010
States decide insurance issues, not federal government.
Justice Roberts joined the Court's decision on Empire HealthChoice Assurance v. McVeigh on Jun 15, 2006:
A 5-4 Court decided that federal jurisdiction does not extend to controversies over insurance contracts under the Federal Employees Health Benefits Act. Thus, state courts are the proper venue for contract disputes arising between federal employees and insurance companies, which may result in inconsistent outcomes across states.
Empire Healthchoice Assurance sued the estate of a deceased federal employee who received $157,000 in insurance benefits as the result of an injury. The wife of this federal employee had won $3.2 million in a separate lawsuit; Empire Healthchoice claimed reimbursement because the beneficiary was compensated for the same injury by a third party.
HELD:
Ginsburg, joined by Roberts, Stevens, Scalia, and Thomas
The Court ruled that under the Federal Employees Health Benefits Act, state courts, not federal courts, are the proper forum for a contracts lawsuit by a plan administrator seeking reimbursement for medical costs. Empire, the Court ruled, had not demonstrated a "significant conflict between an identifiable federal policy or interest and the operation of state law."
DISSENT: Breyer, joined by Kennedy, Souter, and Alito
The dissenting opinion asserted that the dispute should have been deliberated at the federal level because, in part, "there is little about this case that is not federal."
ORIGINAL HOLDING: Sotomayor
Judge Sotomayor, then on the Second Circuit prior to her Supreme Court nomination, found no federal jurisdiction because Empire failed to show that New York state law "significantly conflicts" with federal interests. The Supreme Court affirmed Sotomayor's decision.
Source: Supreme Court case 06-MCVEIGH argued on Apr 25, 2006
Federal law pre-empts state laws on generic drug warning.
Justice Roberts joined the Court's decision on PLIVA v. MENSING on Jun 23, 2011:
Plaintiffs were prescribed a brand name drug for which pharmacists substituted a generic drug, which the FDA had approved under the process federal law authorized for generics. Plaintiffs were diagnosed with a disorder linked to the extended use of the drug. They filed state tort law claims against the manufacturers of the generics, alleging failures to label their products with a warning of known risks. The generics carried the same warnings as the brand name and, the manufacturers argued, since federal regulations required the generics to have the same warnings as the brand name, compliance with a state law requiring different warnings was impossible.
HELD: Delivered by Thomas; joined by Roberts, Scalia, Kennedy & Alito
Generic manufacturers were forbidden to change unilaterally the label warning of the drug. Plaintiffs argued that the manufacturers could have complied with both state and federal law by following the process federal regulations set out of proposing
stronger warnings to the FDA (which they did not), after which the FDA might have decided to negotiate a label change with the brand name manufacturer that the generic manufacturers would have been required to adopt. The Court found that
state law required a stronger warning
federal law prohibited a stronger warning, and
requesting the FDA to authorize a stronger warning
was not enough to comply with state law requiring a stronger warning. Federal and state laws conflict when it is impossible to do what both laws require. It was impossible for the generic manufacturers to comply with both laws. Since federal law preempts conflicting state law, the manufacturers may not be sued on these state law claims.
DISSENT: Sotomayor dissents; joined by Ginsburg, Breyer & Kagan
Congress could not have intended the result that brand name drug consumers may sue manufacturers for failure to warn, while the much larger class of generic drug consumers may not.
Source: Supreme Court case 11-PLIVA argued on Mar 30, 2011
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