What is Preemption?
Pre-emption has to do with health care reform and the employee retirement income security act. It means what precedes the health care should be considered.
When preemption exists, a lawsuit can only be based on the federal law. Some federal laws that preempt state laws prohibit a private plaintiff from suing at all, even if she has been injured by the defendant’s negligence or intentional bad behavior. Preemption is based on Article VI of the U.S. Constitution, also known as the Supremacy Clause.
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, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. In other words, if a federal law and a state law conflict, the federal law takes precedence.
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