Empire Healthchoice Assurance, Inc., Dba Empire Blue Cross Blue Shield v. McVeigh, as Administratr — Breyer, J…

Summary

Justice Breyer, dissenting with Justices Kennedy, Souter, and Alito, would hold federal courts have jurisdiction over this health insurance reimbursement dispute. He reasons that federal common law governs the federal contract under Clearfield Trust and its progeny, making the claim a federal question. The dissent argues the Federal Government has a strong interest in uniform interpretation and is the real party in interest.