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Tuesday, July 09, 2019

Obama judge sides with big drug companies



If Donald Trump came out against high drug prices, Democrats would support raising drug prices.

He has and they have.

Reuters reported, "A federal judge on Monday dealt a blow to the Trump administration by striking down a new rule that would have forced pharmaceutical companies to include the wholesale prices of their drugs in television advertising.

"U.S. District Judge Amit Mehta in Washington sided with drugmakers Merck and Co Inc, Eli Lilly and Co and Amgen Inc by halting the U.S. Department of Health and Human Services rule from taking effect on Tuesday as planned.

"Mehta in his ruling set aside the entire rule as invalid, saying the HHS lacked authority from the U.S. Congress to compel drug manufacturers to disclose list prices."

Precedent seems to favor the Trump administration.

The story said, "The U.S. Justice Department defended the rule in court, saying it met a standard the U.S. Supreme Court set in 1985, when it held the government could force advertisers to disclose factual, non-controversial information."

Obama appointed Mehta. A Democrat Senate confirmed him.

Mehta serves them well. This spring he ruled that Democrats can go over with a fine-toothed comb President Trump's personal finances before America elected him president. That one is pending an appeals court review.

Once again, President Trump reveals Democrats for who they truly are. Last week, he outed their hate of the American flag and the Republic for which it stands.

Now Democrats side with rich corporations that do not want the public to price shop.

16 comments:

  1. Maybe this will turn out to be the case in which a stake is put through the heart of deference to administrative agencies.

    In the meantime, if he believes that the agency's view is to be ignored, well, let's get more of those cases before him and get rid of more regulations.

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  2. I have mixed feeling on this one. On the one hand: A company's markup at the product level should be private - the market determines what markup will be tolerated. OTOH: given regulations and government interference in markets and the opacity of government/industry collusion, this might be the needed chemotherapy.

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  3. And John Roberts looks like a pompous jerk.

    Yet again.

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  4. As Ann Coulter used to say, Big Business loves Big Government. And another reason unalloyed worship of "capitalism" is unwarranted.

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    Replies
    1. Its not real capitalism its crony capitalism.

      Capitalism is simply the natural result of a free people who trade with one another. It sprang up in the 19th century all on its own.

      No government help needed at all.

      Without regulatory power big business cannot impede competitive pressures from small business.

      But today big businesses stay big precisely because they control the regulatory apparatus.

      I surmise you fear true freedom. You want to control your neighbors from certain kinds of trade amongst themselves. It frightens you.

      All of which aligns you with the liberals. Congratulations.

      Delete
    2. "The biggest threats to the free market system are successful capitalists." - Robert A. Heinlein

      Delete
    3. You are conflating, along with Heinlein, free trade with fair trade.

      Free trade = whatever gains most profit. Period. This includes cronyism, political briberies, whatever gains most profit.

      Fair trade = demand defines reason to do, demand determines purpose, supply meets demand = stable prices, supply exceeds demand = goods and things come to those who wait, supply lags demand = first come, first pays, first gets.

      Your false premise in what a free market requires to be a fair market is either your duplicity showing, or your failure to thjink things through.

      Plus, your penchant for drama queen level exageration.

      Person to person transactions, say, the lovely garage or yard sale, are more genuine free trade and fair trade.

      Once a given product or service is in large quantity of demand, businesses step up and seek to meet said demand. Businesses, being not intrinsically person to person, bearing the costs of overhead expenses, reasonably calculates their price point and offers said products and services regularly at same.

      Competitive factors primarily are the determinants of whether or not to choose the specific products or services to offer for sale.

      This crapola being touted, by the usual scumspects, is merely the lamentings of those losing their favored crony business effectiveness, ie., the democrats, the rinos, the mitten's flavored repubs, and the like.

      MAGA is striving to nullify as much of these shitstains' influences as possible. The shitstains do not like being nullified. To. Fucking. Bad.

      Pontificate with false and duplicitous urgency, you fuckwads. Your assertions of purity of principles are merely you inserting your turd buckets into your own, achy breaky buttholes.

      Not buying what you are selling.

      Because it is not Made In America.

      Delete
  5. confusing basis for a ruling.

    other than Obama care, what other product sold in the United States is sold on the premise that its unfair for consumers to know the price before purchase? seems shaky for that to be a right.

    didn't someone say its all about the Benjamin's?

    and the freebies and incentives to doctors to hawk their snake oil?

    waterman

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  6. Once again we watch Trump leading his faithful around by their noses. He knew this would fail.

    The judge, an Obama appointee who was not even born in the United States, ruled that HHS doesn't have the authority to issue such an order, despite the fact that the Supreme Court has previously ruled in 1985 that administrative actions can, as a matter of public policy, require the disclosure of material facts in advertising.

    President Trump is the head of the Executive. The Executive is the co-equal branch of the government responsible for enforcing laws. The DOJ and FBI operate under the Executive; the President is the ultimate "boss" of both.

    Since 1890 there has been a wide-reaching body of law codified under 15 USC Chapter 1. It is commonly known as The Sherman and Clayton Acts, and was later joined by Robinson-Patman. Various parts of the medical and health insurance industry have twice gone all the way to the Supreme Court in a bid to have those laws declared invalid in regard to their operation in the late 1970s and early 1980s (Royal Drug and Maricopa County.) They lost both cases.

    It is therefore clear and in fact beyond review, absent the Supreme Court overturning their previous decisions, that the entirety of 15 USC Chapter 1 applies.

    President Trump could therefore direct Attorney General Barr to bring criminal charges for price-fixing against the drug companies. There is no Congressional Act that has been passed to make such actions legal, and 15 USC Chapter 1 applies not only to Interstate Commerce, that is, price discrimination where goods and/or services travel across state lines but also is explicitly declared to apply in instances of International Commerce.

    Judge Mehta stated in his order that Congress had to impose such a requirement, not HHS.

    President Trump knows this. So does Health and Human Services. So do his "top advisers."

    They intentionally took this action with Health and Human Services because they knew it could be challenged, would be challenged as the threat was made before the order issued, AND that the challenging parties would select a venue where the odds are high they'd get an Obama judge.

    In other words Trump intentionally threw the issue instead of resolving it.

    He did the same thing with the Census question on citizenship.

    The 1990 and 2000 Census both included a question on citizenship. The 2010 one did not; Obama unconstitutionally removed it. The 14th Amendment requires that question because it also requires the those ineligible to vote, by virtue of non-citizen status, whether in the US lawfully or not, be removed from the count of persons before US House representation is determined. The language is clear and unambiguous, having modified the previous original language in the Constitution itself.

    There should have been a revolution the next morning in 2010.

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    Replies
    1. And the way he leads y'all by the nose over immigration is just as amusing! He has no intention to ever build the wall.

      The Immigration Reform and Control Act of 1986 makes criminal the hiring of persons who do not have a legal right to work in the United States. Ronald Reagan signed said bill on November 6th of that year. President Trump is, once again, as the head of the Executive, required under the Constitution to faithfully execute the laws of the land.

      He therefore not only can require E-Verify as a matter of rule-making he can and must authorize the federal arrest and prosecution of any person employing an illegal alien or other person present in the United States who does not have the legal right to work here in this country.

      He has not done so because once again he never had, and still does not have, any intention of actually enforcing ANY of the promises he made during his campaign.

      Every Executive Order, no matter the President who issues it contains the following text at the end:

      This order is intended only to improve the internal management of the executive branch and does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers or employees, or any person.

      EVERY.

      SINGLE.

      ONE.

      When Trump was "sued" over rescinding DACA he did not cite this language. Nor has he told the Judiciary to stuff it despite the fact that said language is in every single Executive Order.

      It has been the case literally since the first Executive Orders that their validity expires upon the whim of whoever happens to be in the Oval Office at any given point in time. President Carter, for example, issued an Executive Order banning commercial nuclear fuel reprocessing. President Ronald Reagan, almost-literally as his first act in office, rescinded that Executive Order. There was no debate or judicial review over whether Reagan could do that as the text of the order itself made clear, as with all Executive Orders, that they are non-reviewable and create no right or benefit, including due process rights, enforceable either at law or equity.

      This is black letter folks and has been since the foundation of the United States.

      President Trump knows this for he has issued Executive Orders as well and the same language is at the end of each of them.

      So keep on cheering the rhetorical President! He's all talk he'll make no substantive changes. He's no reformer.

      He has the law ON THE BOOKS RIGHT NOW to eliminate price fixing in the medical industry and to stop the illegals NOW.

      But hope springs eternal!

      lol

      Delete
    2. Yeah, I skipped over your inane post after the first sentence.

      I could tell your lack of intelligence just from that sentence.

      Roger R

      Delete
    3. Aww Roger you hurt my feelings! Its good you didn't read it lest you'd melt like a snowflake

      Delete
    4. No snowflakes here. Just a person who knows that someone spouting drivel should be left alone as they cannot be helped.

      And of course you do personal attacks.
      The only argument of a leftist.

      Say "Good night", Gracie.

      Roger R

      Delete
  7. This is like the process of yeasting.

    The yeast begins to bubble, then is added to the flour and thus we bake the bread.

    Our MAGA President acts.

    This is him putting the yeast into the bowl of warm water.

    The usual scumspects scramble to the courts.

    The yeast bubbles.

    The lowest court adds to this bubbling.

    The appeals court may also intensify the yeast's bubbling.

    The Supreme Court is where the bread gets baked. The MAGA bread.

    So, to appreciate this process, all resistence has the purpose of compelling the Supreme Court to decide: Constitutionally compliant? Or not Cobstitutionally complient?

    As the above is the only function/purpose of the Supreme Court, MAGA knows that any members of said court must be Constituionally complient.

    The political pilferings of those members of the Supreme Court are a malignancy our Constitutional Republic cannot submit to.

    The achievements of our MAGA President to date in this is impressive.

    Much more can, and will be done, without reluctance upon the part of those rino fucks no longer empowered after being gne from our Congress and Senate.

    2020 is the year.

    MAGA is the mission.

    Constitutional Republic is MAGA.

    MAGA is Constitutional Republic.

    The rest of the planet can build their own Constitutional Republics.

    Just honestly follow our example.

    ReplyDelete
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