Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Astra USA, Inc. v. Santa Clara County

Docket No. Op. Below Argument Opinion Vote Author Term
09-1273 9th Cir. Jan 19, 2011
Tr.Aud.
Mar 29, 2011 8-0 Ginsburg OT 2010

Holding: Public hospitals and community health centers may not bring lawsuits against drug manufacturers alleging that they have been overcharged for the drugs purchased from the manufacturers pursuant to a federal program. (Kagan, J., recused).

Plain English Holding: Under a federal statute, drug companies that participate in Medicaid must agree to provide discounts on certain drugs to various public hospitals and community health centers. The Supreme Court held, however, that the hospitals and community health centers have no right to sue drug manufacturers who violate that obligation.

Judgment: Reversed, 8-0, in an opinion by Justice Ginsburg on March 29, 2011. (Kagan, J., recused).

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