Once Again New York’s Andrew Cuomo violates the United States Constitution and the Bill of Rights Big Time

Comment by Jim Campbell

November 18th, 2018

“New York wants to raise $600 million from drug makers and distributors to defray costs from the opioid crisis.”

 

After multiple violations of the U.S. Constitution isn’t it time for the Attorney General of the United States to put him before a grand jury?

Once again New York Legislators prove what the do best; pass unconstitutional legislation that drives those in need of these pain medications to go to less expensive far more dangerous drugs like heroine.

Our Founding Fathers when the penned the U.S. Constitution and the Bill of Rights seem to have had a crystal ball, understanding that “We the People,” would need protection for an overreaching government which we see almost on a daily basis.

Violations of the Bill of Rights include:

 

 

Amendment V

 

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

No indictment by a grand jury ever happened.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

No trial was ever conducted.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Never happened.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Another clear violation.

 

 

“Evidence of Benefits of Long-term Opioid Use.”  (Source)

Appropriately selected patients with chronic pain can obtain, and sustain, good pain management for up to 1 year after starting extended-release opioids, according to a poster presented by a research team from Purdue Pharma.

The team, led by Catherine Munera, reviewed open labels studies of patients started on either extended-release (ER) oxycodone, buprenorphine transdermal patch (BTDS), of a combination of ER oxycodone-naloxone.

 

 

The Average Pain Scores (APS) were used to judge analgesic efficacy over the course of the study—from initiation to at least 12 months duration.

A total of 10 open-label studies were analyzed and included 2,687 chronic non-cancer pain patients .

The above is not a prospective analysis required by the rigor of the scientific method it would not appear in a peer reviewed journal.

The study found that initial reduction in APS were sustained and remained stable in patients on BTDS ER oxycodone, and ER oxycodone/naloxone, with only one small European study of oxycodone/naloxone where “sustained pain management was less clear.”

“In most cases, the reduction in pain at month 12, from its baseline value, represented a shift in pain level from moderate/severe to mild,” reported the investigators.

“These data support the use of ER opioids in the appropriate patients for the long-term management of moderate to severe chronic non-cancer pain,” they concluded.

Pain: A Prospective Observational Study

Long-Term Outcome of the Management of Chronic Neuropathic does meet the criteria for inclusion in a peer review journal, The Journal of the American Pain Society. (Source)

Opioid Industry Fights Efforts to Make It Pay for Crisis

 

THE WALL STREET JOURNAL  

By Sara Randazzo

Opioid makers and distributors are fighting a novel New York state law that aims to collect hundreds of millions of dollars from the industry to help defray costs of the opioid crisis, with some companies re-engineering their supply chain to avoid the new tax.

Companies and trade groups have argued in three legal challenges filed in recent months that the law, which seeks $600 million over six years, is unconstitutional.

They point to a lawsuit New York’s attorney general has already filed against major opioid industry players to recoup money for the state, and say the tax is an improper end-run around resolution of that case.

 

New York’s health department sent bills last week to 75 companies and their subsidiaries detailing how much they owe under the new Opioid Stewardship Act.

The state said the charges are based on the volume and potency of drugs each company sold or distributed in New York. The first charge retroactively covers 2017.

Companies hit with the charge say they recognize the seriousness of the crisis, which has led to widespread addiction and public-health costs.

But they say taxing companies for legal drug distribution isn’t the solution.

The state’s health department disclosed the names of affected companies but not the amounts each owe, citing trade secrets.

The list includes well-known names like CVS Health , Endo International PLC, Purdue Pharma LP and Teva Pharmaceutical Industries Ltd. alongside dozens of small companies based around the country.

Fewer Prescriptions

Purdue was assessed $7 million, according to a person familiar with the matter. Drug distributor Amerisource Bergen Corp. estimates it will pay $22 million for its share from 2017 and through September of this year, according to a recent securities filing.

Distributor McKesson Corp. said on an October earnings call it expects opioid-related costs, including the New York surcharge, to exceed $100 million in its current fiscal year, with the majority of that tied to litigation.

A Cardinal Health Inc. executive said on a recent earnings call the company took a $29 million charge for the New York opioid tax for prior fiscal years.

Some companies are arguing the amount they owe makes it prohibitively expensive to operate in New York.

Drugmaker Mallinckrodt PLC said in a lawsuit filed Oct. 24 in New York federal court that its costs under the law are higher per pill than the revenue it made on some of its most popular generic drugs.

It sold one form of Oxycodone in 2017 for around 4.7 cents per tablet, the company said in the suit, but now must pay 8.2 cents per tablet to New York.

The company, which reported $420 million in operating income in 2017, said New York billed it $1.3 million.

“Basic economic reality dictates that if a generic manufacturer is guaranteed to lose money on its sale or distribution of an opioid medication in New York, it will abandon the New York opioid market completely,” Mallinckrodt said in the suit, which it filed under the name of its generic-drug subsidiary, SpecGx LLC.

The law threatens to penalize folks with a legitimate medical need for opioids, said Jeff Francer, general counsel for the Association for Accessible Medicines, a trade organization representing generic-drug manufacturers that filed one of the three lawsuits to block the act.

More than a dozen other states have considered some form of opioid tax in the 2018 legislative session, but only New York’s has become a law, according to the National Conference of State Legislatures. Outside of legislation, some 1,500 cities, counties and states have sued opioid makers and distributors seeking money to combat the opioid crisis.

 

A spokesman for New York Gov. Andrew Cuomo stood by the law, which was passed in March, and said it “helps hold big pharma responsible for the opioid crisis they helped fuel.”

Some distributors are already working on ways to avoid the surcharge, prompting disputes with manufacturers over who in the opioid supply chain should be responsible for the extra cost.

Amerisource Bergen said recently it doesn’t expect to continue paying the tax because it changed its operating model around how it receives prescription opioids in New York.

 

Please see the entire article below.

 

Amerisource Bergen told Mallinckrodt on Oct. 10 that it will no longer accept opioid shipments at its national distribution center in Columbus, Ohio, that are intended for New York, according to Mallinckrodt’s lawsuit.

If others follow, Mallinckrodt said, manufacturers will bear the entire cost of the surcharge.

Under the law, distributors that send drugs into New York from a central hub outside the state get hit by the surcharge, not the pill maker.

The Healthcare Distribution Alliance, which represents drug distributors, argued in a July lawsuit that the law unfairly penalizes companies that keep operations within New York.

If some companies move operations to other states, they said, those remaining will absorb their portion.

The trade organization also takes issue with a clause in the law that prohibits passing on the costs of the surcharge to New York customers, at risk of $1 million fines, saying it invites arbitrary enforcement.

New York officials said in court filings that the legal challenges should be thrown out because of a federal law prohibiting challenges to taxes.

Here are the companies being asked to pay the state a collective $100 million, based on 2017 opioid sales:

  • Distributors: A.F. Hauser Inc., AmerisourceBergen Corp., Bell Medical Services, Benco Dental Supply Co., Bloodworth Wholesale Drugs, Burlington Drug Co., Caligor Coghlan, Capital Wholesale Drug Co., Cardinal Health Inc., Catalent Inc., Eversana, Exel Inc., Genetco Inc., Golden State Medical Supply Inc., Henry Schein Inc., Independent Pharmaceutical, Independent Pharmacy Cooperative, Independent Pharmacy Distributor, Lifeline Pharmaceuticals LLC, LifeScience Logistics, McGuff Co, McKesson Corp., Patterson Companies Inc., PD-Rx Pharmaceuticals Inc., Prescription Supply Inc., QK Healthcare Inc., Quest Pharmaceuticals Inc., R&S Northeast LLC, Redmond & Greer Pharmacy Supply, Rochester Drug Cooperative, Saddle River Marketing Concepts, TopRX LLC, UPS Inc.
  • Drugmakers: AbbVie Inc., Akorn Inc., Alvogen, Amneal Pharmaceuticals LLC, Apotex Corp., Auburn Pharmaceutical Inc., Aurobindo Pharma, Endo International PLC, Epic Pharma, Glenmark Pharmaceuticals Inc., Hikma Pharmaceuticals PLC, Lannett Co. Inc., Lupin Pharmaceuticals Inc., Mallinckrodt PLC, Mylan N.V., Osmotica Pharmaceutical, Perrigo Co., Pfizer Inc., Pharmaceutical Associates Inc., Precision Dose Inc., Purdue Pharmaceuticals, Sun Pharmaceutical Industries Inc., Tagi Pharma Inc., Teva Pharmaceutical Industries Ltd., Vertice Pharma
  • Other: Aidarex Pharmaceuticals LLC, AndersonBrecon Inc., Associated Pharmacies Inc., Bound Tree Medical LLC, Central Admixture Pharmacy, CVS Health, Darby Dental Supply, Dealmed Medical Supplies, Diamond Pharmacy Services, Fagron Inc., ICU Medical Inc., Letco Medical LLC, NYC HHC Correctional Health Services, PCCA, PuraGraft, Southern Anesthesia & Surgical Inc., Value Drug Co.

Source: New York State Department of Health
Note: Parent companies are listed when the subsidiary was billed.

 

THE END

 

About JCscuba

I am firmly devoted to bringing you the truth and the stories that the mainstream media ignores. This site covers politics with a fiscally conservative, deplores Sharia driven Islam, and uses lots of humor to spiceup your day. Together we can restore our constitutional republic to what the founding fathers envisioned and fight back against the progressive movement. Obama nearly destroyed our country economically, militarily coupled with his racism he set us further on the march to becoming a Socialist State. Now it's up to President Trump to restore America to prominence. Republicans who refuse to go along with most of his agenda RINOs must be forced to walk the plank, they are RINOs and little else. Please subscribe at the top right and pass this along to your friends, Thank's I'm J.C. and I run the circus
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7 Responses to Once Again New York’s Andrew Cuomo violates the United States Constitution and the Bill of Rights Big Time

  1. Opinion says:

    There are so many problems with this legislation that it defies analysis.

    A “retroactive tax?” is against any and all laws her in America!

    Then we have a tax with the restriction the company cannot adjust its prices to remain profitable – restraint of trade?

    Then we have the concept of punishing a company for the misuse of its products. As I recall Michelle Obama tried this with MacDonalds for obesity. (not sure about this as a fact?) America is not in the business of regulated personal behavior – America is all about individual freedom and the U. S. Constitution was designed to protect Individuals Freedoms. Yes, some people are stupid and do dumb things – that is their right here in America.

    The so-called “Drug Problem” is real and the consequences are severe to society. However, the continued incursion of Government into individuals rights is not the answer. IMO!

    Sadly, the Government knows who produces and distributes the Drugs and if these folks are doing it legally then try another approach. The profits involved appear to make the distribution attractive Perhaps it is just the normal evolution of society and Government should allow these drug users to just die.

    Some large percentage of crimes are also associated with drug use. Punish the abusers – severely!

    Like

    • JCscuba says:

      America isn’t in the business of regulating behavior, but from some cockeyed notion politicians believe its their Divine right to screw with up. There will be war, there will be blood.

      Like

  2. JAFC says:

    Progressives don’t believe in constitutions. They just believe in the absolute power of the state, with themselves empowered to change any or all the rules at their whim.

    Like

    • JCscuba says:

      They will get use to it, we have the guns, and it may take another civil war but I refuse to live anywhere that doesn’t provide the rights as a Constitutional Republic.

      Like

  3. malenurseken says:

    Unbelievable. BUT believable for NY

    Like

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