Federalism

Issue: Federal Preemption of State Law

Impact:

In an effort to establish national policies on health care access and medical cost containment, members of Congress have introduced bills repeatedly in successive Congressional sessions to federalize and alter litigation procedures in health care lawsuits.  In addition, bills have been introduced to federalize certain aspects of trade secret enforcement. Despite the tradition of state law primacy, a number of legislators have begun to call for the recognition of a private federal right to sue those who acquire trade secrets by improper means.  Some proposals would preempt state laws.

Position:

State court leaders have repeatedly urged Congress to be mindful of federalism principles when considering any legislation seeking to make uniform practices and procedures. 

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