To say that the Supremacy Clause does not confer a right of action is not to diminish the significant role that courts play in assuring the supremacy of federal law. For once a case or controversy properly comes before a court, judges are bound by federal law....The dissenting opinion is by Justice Sotomayor, who is joined by Justices Kennedy, Ginsburg, and Kagan. The statute the 2 sides are interpreting is the Medicaid Act.
The dissent agrees with us that the Supremacy Clause does not provide an implied right of action, and that Congress may displace the equitable relief that is traditionally available to enforce federal law. It disagrees only with our conclusion that such displacement has occurred here.
ADDED: In the comments, Smilin' Jack says: "WTF? Have they run out of those Easter-Bunny-Display-in-National-Park cases? At least those were funny."
Yes, let's get back to talking about cake. The important thing in America right now is cake. Why are we all hepped up to talk about RFRA (which had previously bored the bejeezus out of everyone)? Cake.
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