More Supreme than Ever.(Supreme Court decisions involving the Eleventh Amendment)

National Review | July 26, 1999| | Copyright

The Court rules in its own favor.

Mr. Arkes is professor of jurisprudence at Amherst College.

A thought-experiment, not so implausible: A Clintonesque candidate for governor in one of the states proclaims his interest in reducing medical costs by having the state sell "off label" drugs-starting with Viagra. As a result of the recent round of decisions by the Supreme Court, Pfizer, the manufacturer of Viagra, would not be able to sue to protect its patent under federal law. Thanks to the Reagan and Bush appointees to the Court, the state would now be ...

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