The Uncharted Territory Of 'Reverse' Preemption

Law360, New York (March 8, 2012, 1:23 PM EST) -- Since at least the time of the early constitutional landmark McCulloch v. Maryland[1], which rejected the arguments that states “alone are truly sovereign” and federal powers “must be exercised in subordination to the states”[2], students of American law have been indoctrinated to think of federalism as primarily a one-way street: If the U.S. Congress passes a law within its constitutional authority, then that law should be regarded as supreme — regardless of any state law to the contrary.

In matters relating to insurance, however, Congress has...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.