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AMERICAN MFRS. MUT. INS. CO. v. SULLIVAN

No. 97-2000.

526 U.S. 40 (1999)

AMERICAN MANUFACTURERS MUTUAL INSURANCE CO. et al. v. SULLIVAN et al.

United States Supreme Court.

Decided March 3, 1999.

Attorney(s) appearing for the Case

Michael W. McConnell argued the cause for petitioners. With him on the briefs were Alan E. Untereiner, Robert McL. Boote, Burt M. Rublin, and Robert E. Kelly, Jr.

Malcolm L. Stewart argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Waxman, Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, Jeffrey A. Lamken, Barbara C. Biddle, and Jacob M. Lewis.

Loralyn McKinley argued the cause for respondents. With her on the brief for respondents Sullivan et al. were Alan B. Epstein and Thomas J. O'Brien. Jan M. Ritchie, Patricia Farrell Kerelo, Joseph W. Cunningham, and Mark Pfeiffer filed a brief for respondent School District of Philadelphia.*

Rehnquist, C. J., delivered the opinion of the Court, Parts I and II of which were joined by O'Connor, Scalia, Kennedy, Souter, Thomas, and Breyer, JJ., and Part III of which was joined by O'Connor, Kennedy, Thomas, and Ginsburg, JJ. Ginsburg, J., filed an opinion concurring in part and concurring in the judgment, p. 61. Breyer, J., filed an opinion concurring in part and concurring in the judgment, in which Souter, J., joined, p. 62. Stevens, J., filed an opinion concurring in part and dissenting in part, p. 63.

Chief Justice Rehnquist delivered the opinion of the Court.†

Pennsylvania provides in its workers' compensation regime that an employer or insurer may withhold payment for disputed medical treatment pending an independent review to determine whether the treatment is reasonable and necessary. We hold that the insurers are not "state actors" under the Fourteenth Amendment, and that the Pennsylvania regime

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