United States v. Minnesota

MEMORANDUM OPINION AND ORDER

FRANK, District Judge.

Introduction

This case poses a problem endemic to our federal system of government: the apparent conflict between a broad system of federal regulation and a detailed state regulatory scheme. The tension is exacerbated in this case, however, because the apparent conflict bears directly on men and women who serve the people of the United States — officers of the Public Health Service. After carefully examining the arguments made by the parties, the Court is convinced that the State of Minnesota cannot, as a matter of law, presume Public Health…