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Sam Heldman


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Wednesday, January 22, 2003
No. 01-593 Dole Food Co. v. Patrickson

No. 01-594 Dead Sea Bromine Co. v. Patrickson

First up for tomorrow (later on today actually) is an interesting case under the Foreign Sovereign Immunities Act. I would really love to go into the intricities of this, but it's already pretty late. Did I mention yet that I am studying for the bar and that it is, essentially, sheer Hell?

I predict the Court will AFFIRM the 9th Circuit (there's a first time for everything). I don't think that a nation that owns a company makes all of that company's holdings necessarily agencies or instrumentalities of the state.

No. 01-188 Pharmaceutical Research and Manufacturers of America (PhRMA) v. Concannon

Here's a gripping case about whether the Medicaid statute allows a state to compel drug manufacturers to subsidize price discounts, or alternatively, whether such a scheme violates the Commerce Clause. On brief as Amicus for the United States are my old Federalism Professors, Alisa Klein & Mark Stern. The First Circuit held that the Maine statute was authorized by Medicaid and did not violate the Commerce Clause. I think the Court will disagree and REVERSE.

Oh yeah, and U.S. v. Recio came down today. To nobody's surprise, the Court held that a conspiracy does not end when the government frustrates its objectives.

Ted +1; Sam +1.