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More Hearings on Preemption, 'Politicized Science'

From the Senate Judiciary Committee's website: "The Senate Committee on the Judiciary has scheduled a hearing on "Short-change for Consumers and Short-shrift for Congress? The Supreme Court's Treatment of Laws that Protect Americans' Health, Safety, Jobs and Retirement" for Wednesday, June 11, 2008 at 10:00 a.m. in Room 226 of the Senate Dirksen Office Building."

Judging by the witness list, issues will be preemption and allegation of politicized science. Witnesses scheduled are Thomas O. McGarity, professor of law at the University of Texas, and co-author of a recent book, "Bending Science: How Special Interests Corrupt Public Health Research"; Robert Lawless of the University of Illinois College of Law, who previously testified on bankruptcies; and Richard M. Cooper, a partner with Williams & Connolly, a well-known attorney in the field of food and drug regulation.

Also scheduled to testify is Bridget Robb of Gwynedd, Pa., and Maureen Kurtek of Pottsville, Pa. Kurtek had sued Capital Blue Cross after it denied payment for a lupus treatment; she subsequently developed acute catastrophic antiphospholipid antibody syndrome which caused multi-organ system failure. In a March 2007 ruling, a panel of the Third Circuit Court of Appeals, ruled that the Employee Retirement Income Security Act (ERISA) preempted her state law claims that her insurer failed to approve her medical treatment in a timely fashion, causing the organ collapse. The court's ruling is here.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.