Proceeding before the Court of Common Pleas of Philadelphia v. Johnson

I agree with the Majority’s conclusions that this action was properly removed under the federal officer removal statute, 28 U.S.C. §§ 1442(a)(1), (d)(1) (2012), and that any state law cause of action is preempted. I therefore join the Majority Opinion in its entirety. .Nevertheless, I feel compelled to write separately to amplify the context of this dispute and to stress that the Commonwealth is not actually proceeding on a state law theory at all, despite its claims to the contrary.

I. Context

Although it does not alter our legal analysis of the issues before us, it is difficult not to wonder…