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U.S. Supreme Court,
Torts/Personal Injury

Jul. 2, 2025

Supreme Court clips Supremacy Clause shield in FTCA cases

The Supreme Court's Martin ruling strips federal law enforcement of a key shield in FTCA suits, barring the use of the Supremacy Clause defense when state law allows claims to proceed.

Michael E. Rubinstein

Law Office of Michael E. Rubinstein

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Loyola Law School; Los Angeles CA

Michael is a Los Angeles-based personal injury and accident attorney.

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Supreme Court clips Supremacy Clause shield in FTCA cases
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 Last month, the United States Supreme Court clarified an important issue pertaining to Federal Tort Claims Act cases. The Court ruled in Martin v. United States that federal law enforcement agencies may not assert a "Supremacy Clause" defense to federal injury claims. Some background is appropriate.

Federal Tort Claims Act<...

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Related Content

Government, Torts

Martin v. U.S.

Federal Tort Claim Act's law-enforcement proviso overrides only the intentional-tort exception, not the discretionary-function exception.



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