PRECEDENT - As the U.S. Supreme Court weighs abortion challenges, and Republican-led states embrace restrictive new laws, a 1992 case is getting renewed attention, Marcia Coyle reports. The Casey decision affirmed Roe v. Wade and set the “undue burden” standard with regard to a woman’s right to get an abortion. But even some of the justices themselves were suprised at how the decision turned out, with Anthony Kennedy voting to preserve Roe. The history lesson here? “It ain’t over till it’s over,” as Ruth Bader advised court watchers in 2012.
MARVELOUS - If HIV patients and their insurers can win a court ruling that leads to lower drug prices, they might have Spider-Man to thank, writes Scott Graham. Legal luminary Mark Lemley is one of the attorneys for a new would-be class against a slew of drug companies alleging they’ve entered into collusive licensing agreements that drive up drug prices to the point of “crippling this nation’s ability to stop new HIV infections.” A similar suit was dismissed a few years ago, but Lemley says he’s confident that a 2015 SCOTUS decision has paved the way for his team’s allegations. That decision found a license agreement Marvel Enterprises struck with the inventor of a Spider-Man toy was unenforceable once the 20-year term of the patent was up.
