Tag Archives: Supreme Court

New-Year-by-Kate-150x150

“You Don’t Own Me….” But do you own part of my genes?

“You Don’t Own Me….” But do you own part of my genes?

The U.S. Supreme Court heard arguments Monday in a case that both sides consider absolutely vital to the future of medical research. The case: Can a company take out a patent on a human gene? Or, as the company Myriad Genetics told the Court, not actually a patent on a gene, but a patent on isolated sections of DNA molecules that they synthetically re-create in the lab to make a test for the gene. Patents were created 150 years ago in the Constitution as temporary protection of new inventions, thus giving economic incentive for inventors. But there is a clear rule that you cannot patent “a product of nature.” During oral

Supreme Court Ruling in Plain English

The Supreme Court has ruled that the Affordable Care Act, including its individual health insurance mandate, is constitutional. The Court did not uphold the individual mandate on the grounds that Congress can use its power to regulate commerce between the states to require everyone to buy health insurance. Rather, the Court agreed that the penalty that someone must pay if he or she refuses to buy insurance is a kind of tax that Congress can impose using its taxing power. Because the mandate survives, the Court did not need to decide what other parts of the statute were constitutional, except for a provision that requires states to comply with new

Top