Perspective
Oct. 18, 2011
A new avenue for challenging state decisions
A Medicaid rate-setting case may provide plaintiffs with a direct right of action under the Supremacy Clause. By Paul Wilson and Dan Pascucci of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC
The U.S. Supreme Court has just heard oral argument in a case that raises the issue of whether the Supremacy Clause of the federal Constitution provides plaintiffs with a direct cause of action to challenge state decisions that they believe to be incompatible with federal law. If the Supreme Court recognizes such a cause of action, it could greatly expand the number and variety of state decisions that could be challenged in federal...
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