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Article: More Supreme than Ever.(Supreme Court decisions involving the Eleventh Amendment)
- Article from:
- National Review
- Article date:
- July 26, 1999
- Author:
CopyrightCOPYRIGHT 1999 National Review, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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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 insulated by its "sovereign immunity" under the Eleventh Amendment. That amendment bars private ...