Not So Different: Axinn Patent Litigator Discusses Implications of ACA Ruling

On June 17, 2021, the Supreme Court ruled that opponents to the Affordable Care Act (ACA) did not have standing to challenge the law based on the constitutionality of the individual mandate, which provides for a penalty (currently $0) for those who do not obtain health care coverage. Had the Supreme Court struck down the entire ACA, it would have brought an end to the approval pathway for biosimilars that is contained within the ACA under the Biologics Price Competition and Innovation Act.
We spoke with Stacie Ropka, PhD, a patent litigator and partner at Axinn, Veltrop & Harkrider in New York, New York, about the significance of this ruling and the conclusions that can be drawn from it.