Assertion: erisa preemption | /r/CapableOf | go off rail
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text: Thomas, Ginsburg and Sotomayor – in two different opinions (one concurring and one dissenting) wrote independently to suggest that ERISA preemption has gone off the rails and either may not be (in Thomas’ view) or is not (in the view of the other two justices) as broad as the majority opinion insists, or as broad and sweeping as most ERISA litigators argue.