Healthcare & Life Sciences: Drug Pricing Digest - June 2021 #2

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Supreme Court Upholds Affordable Care Act: On June 17, 2021, the Supreme Court ruled 7 to 2 to dismiss for lack of standing a challenge to the Affordable Care Act (ACA) brought by Texas and other states. The states had alleged that the elimination by Congress of the penalty for failing to comply with the mandate to buy insurance rendered that provision invalid, and that due to the significance of that provision, the whole law had to be struck down. Writing for the majority, Justice Breyer said that “[w]e proceed no further than standing,” noting that “[n]either the individual nor the state plaintiffs have shown that the injury they will suffer or have suffered is ‘fairly traceable’ to the ‘allegedly unlawful conduct’ of which they complain.”

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