tag:blogger.com,1999:blog-9002218232182793493.post3267642909578454448..comments2024-03-28T18:27:20.251-07:00Comments on PharmaLittle: Will Chief Justice Roberts Recuse in Wyeth v. Levine?Unknownnoreply@blogger.comBlogger5125tag:blogger.com,1999:blog-9002218232182793493.post-11459766482983660602009-02-10T21:45:00.000-08:002009-02-10T21:45:00.000-08:00Funny. When I first heard of this story, I did no...Funny. When I first heard of this story, I did not think there was any chance of a recusal. But I have learned there is serious discussion around the blogosphere about it, In Vivo published a piece, the WSJ is on it, Wyeth is apparently concerned, and so on.<BR/><BR/>I remain of the view that the chance of a recusal is slim to none. But the fact that the issue has evoked this much "noise" suggests how much the Levine case means to so many. Tea leaves have seismic repercussions.Henry (Hank) Greenspanhttps://www.blogger.com/profile/11367665602949729228noreply@blogger.comtag:blogger.com,1999:blog-9002218232182793493.post-6072490990455078502009-02-10T09:31:00.000-08:002009-02-10T09:31:00.000-08:00Wow. Given how many folks are on meds for chronic...Wow. Given how many folks are on meds for chronic something--Justice Scalia, for example, appears to be on something exuberant--it would be amazing if virtually all the Justices weren't on long-term meds. <BR/><BR/>It's hard to imagine, therefore, this would be a reason for recusal. But wudda I know.Henry (Hank) Greenspanhttps://www.blogger.com/profile/11367665602949729228noreply@blogger.comtag:blogger.com,1999:blog-9002218232182793493.post-48786057811563141482009-02-10T06:12:00.000-08:002009-02-10T06:12:00.000-08:00Even if Justice Roberts sells his stock, he and ot...Even if Justice Roberts sells his stock, he and others will likely still have a conflict of interest because of his statues as a patient. <BR/><BR/>Justice Roberts suffered a seizure while vacationing in Maine several years ago. If reports are correct, it was his second. He is likely to require life long AED treatment to prevent a third episode. His (and others) health and well being are tied to the good faith and compliance of BOTH the brand manufacturer and, if applicable, the generic manufacturers of the AED drug that he is likely taking.<BR/><BR/>Levine's attorney sued Wyeth, the brand name manufacturer of Phenergan. No generic manufacturers were named so we are all assuming that Levine was administered Weyth's Phenergan and not a generic version of promethazine. Hopefully, someone at Wyeth checked this before they paid these legal bills.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9002218232182793493.post-73748986423345415242009-02-09T18:14:00.000-08:002009-02-09T18:14:00.000-08:00In case it's not clear, the Dianne post to which J...In case it's not clear, the Dianne post to which Joe refers is in the "Your Ideas Here" thread.<BR/><BR/>In any event, both Joe and Dianne raise an interesting point. For what it's worth, recusal is a decision that SC Justices make on their own. The theory is that they will act with integrity given the role they are in.<BR/><BR/>Will they? You be the judge (so to speak).Henry (Hank) Greenspanhttps://www.blogger.com/profile/11367665602949729228noreply@blogger.comtag:blogger.com,1999:blog-9002218232182793493.post-40659347318409314162009-02-09T17:32:00.000-08:002009-02-09T17:32:00.000-08:00I agree with Dianne that Justice Roberts should re...I agree with Dianne that Justice Roberts should recuse himself. However, I think he should have done so when the case was brought before the Court. The Levine v Wyeth case has never been solely about Wyeth; it is about preemption, and it will affect every drug manufacturer. <BR/><BR/>Regarding premption, what is good or bad for Wyeth, is good or bad for the industry. When Levine v Wyeth came before the court, Justice Roberts owned stock in an industry that he was to rule on. The conflict of interest has existed from the beginning, and Justice Roberts was obligated to recuse himself in the beginning.<BR/><BR/>Selling his stock does not pull him from the mire that he is in, nor does it change what he should have done long ago.Anonymousnoreply@blogger.com