What Justice Ginsburg’s Death Means For Pharma
A more conservative US Supreme Court may mean a less authoritative FDA, and drug pricing won’t get as much attention in the presidential campaign, which is a good thing.
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Supreme Court nominee issued three decisions on Hatch-Waxman regime as district court judge, including case in which she ruled against the FDA’s denial of orphan drug designation and another in which she deferred to the agency’s view on exclusivity. Her analysis of facts may play a role if the court takes up a case on administrative agency deference.
Case before high court involving Medicare payment to hospitals for discounted outpatient drugs does not directly involve manufacturers. But the scope of the ruling could have a profound effect on how much leeway the government has to address drug pricing using administrative tools.
Center for American Progress suggests pricing reforms for the 'next Administration' in lieu of legislation.