It is increasingly apparent that the scope of ERISA preemption needs to be curtailed to allow states to continue their traditional role as the regulators of health care. On October 6, 2020, the US ...

Everyone would like to be immune from lawsuits. Legislatures sometimes provide immunity in order to advance important social policy goals. For example, by providing health care professionals with ...

As laboratories of democracy, local governments are incubators for innovative policies with the potential to improve health and reduce health inequities. Local policy change is often grounded in a ...

Once-esoteric questions over the federal preemption of state law are now the subject of a prominent, politically charged debate. A year ago, we assembled a group of prominent legal scholars and ...

Article VI: This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, ...

A man smokes an electronic cigarette inside a vape shop in Washington, D.C., on July 9, 2019. Each week brings a new story of some calamity brought by vaping. In late July, a Connecticut man filed ...

Access to mifepristone, one of the two drugs used in combination for medication abortion, has long been hampered by a Risk Evaluation and Mitigation Strategy (REMS), a safety program required by the ...