Argument Preview: The ACA Returns to the Supreme Court (This Time Disguised as a Hugely Complex Patent Case)
UVA Law Faculty Affiliations
On the last day of scheduled oral arguments in the term, the Affordable Care Act — the always controversial “Obamacare” statute — returns yet again to the Supreme Court, although many of the justices and their clerks will probably be wishing it weren’t so.
The consolidated patent cases Sandoz v. Amgen and Amgen v. Sandoz involve the complex interaction between the Patent Act and the Biologics Price Competition and Innovation Act, which is an approximately 17-page subchapter contained in the larger 906-page ACA. That larger statute has not been hailed for precise drafting or ease of application. This new litigation will certainly not improve the reputation of the statutory behemoth.