on tobacco and health programs rather than remitting it to the federal government. See generally 145 Cong. Rec. at S2828-36 (daily ed. Mar. 17, 1999); id. at S2881-97 (daily ed. Mar. 18, 1999). Much of this debate centered on whether the tobacco settlement funds were a Medicaid settlement, to which the federal government would be entitled to a share. Compare 145 Cong. Rec. at S2885 (daily ed. Mar. 18, 1999) (statement of Sen. Gorton) (stating that the Specter Amendment “makes an assumption, an unwarranted assumption, that these were Medicaid claims that were presented by the States”), and id. at S2887 (statement of Sen. Graham) (arguing that the Medicaid statute “is inapplicable to the tobacco litigation”), with id. at S2829 (daily ed. Mar. 17,1999) (statement of Sen. Specter) (<HOLDING>), id. at S2885 (daily ed. Mar. 18, 1999)
recognizing that courts disagree whether federal common law or state law governs the interpretation of negotiated settlement agreement holding that state law claim regarding breach of settlement agreement was preempted by federal labor law recognizing that the federal government has a very strong claim to a portion of the settlement under medicaid law recognizing that stateimposed restrictions upon property may be attributed to the federal government for purposes of a takings analysis where the state officials acted as agents of the federal government or pursuant to federal authority recognizing that every theory of relief must raise federal issue for claim to arise under federal law