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Supreme Court Justices Spar Over ERISA Preemption of State Health Care Databases
SCOTUSblogLink to more items from this source
Dec. 3, 2015

"The presentations of Bridget Asay (representing Alfred Gobeille, the responsible Vermont official) and John Bash (representing the federal government, supporting Vermont) were hampered by caustic criticism from Chief Justice John Roberts and Justices Antonin Scalia and Samuel Alito. Those Justices made two general points. First, consuming much of Asay's presentation, Scalia and Alito suggested that the collection of health-care data was a core ERISA function because of a provision added to the act by the ACA that gives the Secretary of Labor broad authority to collect such data.... Conversely, Justices Ruth Bader Ginsburg and Elena Kagan dominated the argument time of Seth Waxman on behalf of Liberty Mutual. From their perspective, the purposes of all-payer databases are so far removed from ERISA's core goals that it makes no sense to impute to ERISA an intent to prevent the data collection." [Gobeille v. Liberty Mutual Ins. Co., (2d Cir. Feb. 4, 2014, argued Dec. 2, 2015)]

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