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Ruth Bader Ginsburg’s Impact On Pharma, From Patents To The First Amendment

 
• By Brenda Sandburg

Justice Ginsburg wrote two decisions in pharmaceutical related-cases over the past decade, joined the majority in opinions on the scope of patents, and dissented in decisions giving protection to generic manufacturers and speech of pharmaceutical companies. Her death could impact the outcome of cases challenging the Affordable Care Act.

WASHINGTON SEPTEMBER 20, 2020 – Notes and flowers are left at the Supreme Court of the United States in memory of late Supreme Court Justice Ruth Bader Ginsburg in Washington DC on September 20, 2020
Justice Ruth Bader Ginsburg's death will have impact on wide range of Supreme Court cases

US Supreme Court Justice Ruth Bader Ginsburg had a distinctive voice in considering pharmaceutical-related cases. While many pharma matters, particularly involving the scope of patents, are generally bipartisan, Ginsburg dissented in major rulings involving generic manufacturer liability and the First Amendment protection of pharmaceutical industry speech.

Ginsburg’s death on 18 September will have an enormous impact on cases involving abortion rights, gender equality, and other social...

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