Tuesday, February 22, 2011

Supremes gut case against faulty vaccines

When you see stories like this, we might as well just disband Congress and all state legislatures and make the presidency merely a ceremonial post. That's because this story shows that the right-wing Supreme Court - which has become a dictatorship in robes - is writing all our laws for us.

Today, the Stupreme Court ruled that federal law bars lawsuits against drug makers over faulty childhood vaccines. This gutted a case filed against Wyeth by a Pittsburgh family whose daughter suffered a lifelong seizure disorder because of a diphtheria shot. (The vaccine has since been discontinued.)

Um, what federal law is the court going by? The court cited a 1986 law, but nothing in that law even remotely suggests that you can't sue over vaccines at all. In fact, Justice Sonia Sotomayor issued a blistering dissent pointing this out.

It doesn't matter whether the intent of the law was to shield irresponsible corporations from suits over their dangerous products. The law says what it says, and nothing in it would have prohibited the suit against Wyeth. The more important point from the constitutional perspective is this: Can it prohibit it? That's doubtful.

Long story short: The Supreme Court made up its own law out of whole cloth by gutting the vaccine suit.

The states must allow suits against drug makers to continue with all gusto.

(Source: http://www.kypost.com/dpps/news/national/us-high-court-oks-limits-on-child-vaccine-lawsuits_6104363)

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