On Tuesday, the U.S. Circuit Court of Appeals for the D.C. Circuit unanimously ruled against a Trump administration rule that would require pharmaceutical companies to disclose drug prices in TV ads. Writing the opinion, Judge Patricia Millett stated that, while the argument from these companies was that the rule that they disclose drug prices violated their free speech rights, the court's ruling was on the grounds that the administration did not have the legal authority to implement it. She wrote:
"Because there is no reasoned statutory basis for its far-flung reach and misaligned obligations, the disclosure rule is invalid and is hereby set aside."
Well, as it turns out, prior to serving on the circuit court, Millett was a partner for Akin Gump Strauss Hauer & Feld, a lobbying firm that in 2013, when Millett was nominated to the court, represented pharmaceutical companies such as Protein Sciences, Novartis, Covidien, Gilead Sciences, Pfizer, and PhRMA. In fact, when her nomination was confirmed by the U.S. Senate that year, Akin Gump released a statement congratulating her, saying:
"Akin Gump is pleased to announce that Patricia A. Millett, co-head of the firm’s Supreme Court practice and of its national appellate practice, has been confirmed by the United States Senate to serve as a federal appeals court judge for the D.C. Circuit. Ms. Millett’s confirmation follows her nomination by President Obama in June of this year.
"'We are incredibly proud of Pattie for this significant achievement, which speaks both to her tremendous knowledge and experience, as well as to her unquestionable work ethic and integrity,' stated Akin Gump chairperson Kim Koopersmith. 'While she will be missed, our Supreme Court practice is in excellent hands with Pratik Shah, who will continue to lead the practice and provide the kind of top-tier advocacy our clients have come to expect from Akin Gump.'"
On top of such, out of the 56 senators who voted to confirm Millett to the circuit court, 40 of them received money in 2013 and 2014 from Akin Gump lobbyists (and their family members) representing the pharmaceutical industry:
Max Baucus (D-MT): $2,600 from Vic Fazio ($1,000), Robert J. Leonard ($600), Francine Friedman ($500), and Janine Smith ($500).
Mark Begich (D-AK): $2,850 from Fazio ($1,600), J. David Carlin ($500), Sean G. D'Arcy ($500), and Charles W. Johnson IV ($250).
Michael Bennet (D-CO): $3,500 from Fazio ($1,000), Johnson ($1,000), Brian Arthur Pomper ($1,000), and Carlin ($500), $4,000 to his leadership PAC, Common Sense Colorado, from Johnson, as well as $500 from family members of Susan H. Lent.
Richard Blumenthal (D-CT): $500 from D'Arcy.
Cory Booker (D-NJ): $3,500 from D'Arcy ($1,500), Scott D. Parven ($1,000), and Smith ($1,000), as well as $250 from family members of Lent.
Barbara Boxer (D-CA): $1,000 to her leadership PAC, PAC for a Change, from family members of Fazio.
Sherrod Brown (D-OH): $3,750 from D'Arcy ($2,750) and Fazio ($1,000).
Bob Casey (D-PA): $1,500 from D'Arcy.
Susan Collins (R-ME): $1,000 from family members of Bill Paxon.
Joe Donnelly (D-IN): $380 from D'Arcy.
Dick Durbin (D-IL): $1,250 from Carlin ($1,000) and Pomper ($250).
Dianne Feinstein (D-CA): $1,000 from Pomper, as well as $5,000 to her leadership PAC, Fund for the Majority, from Fazio.
Kirsten Gillibrand (D-NY): $9,500 to her leadership PAC, Off The Sidelines, from Pomper ($5,000), Fazio ($2,500), and Karen Goldmeier Green ($2,000).
Kay Hagan (D-NC): $12,000 from Green ($5,200), Fazio ($4,200), D'Arcy ($1,500), Carlin ($600), and Valerie Smith ($500), as well as $2,600 from family members of Fazio.
Tom Harkin (D-IA): $500 to his leadership PAC, To Organize a Majority PAC, from Carlin.
Martin Heinrich (D-NM): $1,500 from Pomper ($1,000) and Green ($500).
Heidi Heitkamp (D-ND): $250 from Carlin.
Mazie Hirono (D-HI): $750 from Green ($500) and Fazio ($250), as well as $2,000 to her leadership PAC, Pineapple PAC, from Pomper.
Tim Kaine (D-VA): $1,000 from Pomper.
Amy Klobuchar (D-MN): $500 from Green.
Mary Landrieu (D-LA): $7,750 from Parven ($2,500), Pomper ($2,000), Green ($1,750), D'Arcy ($500), Friedman ($500), and Smith ($500), as well as $4,600 from family members of Fazio.
Joe Manchin (D-WV): $250 to his leadership PAC, Country Roads PAC, from D'Arcy.
Ed Markey (D-MA): $9,250 from D'Arcy ($6,000), Fazio ($1,000), Parven ($1,000), Pomper ($1,000), and Green ($250), as well as $500 from family members of Lent.
Claire McCaskill (D-MO): $1,000 from Carlin ($500) and Johnson ($500).
Bob Menendez (D-NJ): $1,000 from Parven.
Jeff Merkley (D-OR): $1,000 from Pomper, as well as $250 from family members of Lent.
Lisa Murkowski (R-AK): $250 from James R. Tucker Jr., as well as $750 from family members of Lent.
Chris Murphy (D-CT): $2,500 from D'Arcy ($1,000), Friedman ($500), Parven ($500), Pomper ($500).
Patty Murray (D-WA): $1,000 from Fazio.
Mark Pryor (D-AR): $9,100 from Fazio ($3,600), Pomper ($3,500), Carlin ($1,000), and Leonard ($1,000).
Jack Reed (D-RI): $4,500 from D'Arcy ($3,000), Fazio ($1,000), and Carlin ($500).
Harry Reid (D-NV): $1,500 from Leonard ($1,000) and Friedman ($500), as well as $1,000 to his leadership PAC, Searchlight Leadership Fund, from Fazio.
Brian Schatz (D-HI): $1,000 from Pomper.
Chuck Schumer (D-NY): $500 from family members of Lent, as well as $2,500 to his leadership PAC, Impact, from Fazio.
Jeanne Shaheen (D-NH): $2,750 from D'Arcy ($2,250) and Green ($500), as well as $1,250 from family members of Fazio ($1,000) and Lent ($250).
Jon Tester (D-MT): $2,000 from Fazio ($1,000), D'Arcy ($500), and Pomper ($500).
Mark Udall (D-CO): $7,800 from Fazio ($4,700), Pomper ($2,350), and Johnson ($750).
Tom Udall (D-NM): $1,000 from Fazio.
Mark Warner (D-VA): $8,000 from Leonard ($3,000), Fazio ($2,000), Pomper ($1,500), D'Arcy ($1,000), and Parven ($500), as well as $2,000 from family members of Fazio.
Ron Wyden (D-OR): $10,250 from Pomper ($5,200), Leonard ($3,400), Fazio ($1,400), and Mara McDermott ($250), as well as $2,500 to his leadership PAC, Holding Onto Oregon's Priorities, from Pomper.
In conclusion, while Judge Millett claims that the court's ruling is because the administration did not have the power to implement such a disclosure rule, her past with a firm representing the pharmaceutical industry, as well as industry lobbyists for the firm giving heavily to many of the senators who voted to confirm her, does raise questions.
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