Sunday, December 9, 2012

Fascination with the constitutional law

In my old age, I have become interested in constitutional law, as it plays out in Supreme Court hearings and decisions.  Perhaps because there have been some interesting questions brought to the court for decision lately;  perhaps because I have more time to read about the cases now.

Of course the two cases that deal with marriage equality based on equal protection that the Court has just decided to hear next spring are among those.   I will write about those later.

This one is quicker.   The Court also announced that it will hear arguments about whether the pharmaceutical companies' practice of paying generic drug manufacturers huge sums to keep their products off the markets violates the anti-trust laws.

By keeping the lower priced generics off the market, BigPharma can charge higher prices, even after their patent exclusivity expires.  But the people and the federal government will lose money, billions of dollars.  So does government have a role in preventing this practice?   Should prices be a consideration?   Isn't that what anti-trust laws are about:  protecting competition, which should keep prices lower.

The pharmaceutical companies claim that it is not a payoff but a settlement of a patent dispute with the generic makers.  Really?

This will be interesting to watch.

Ralph

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