U.S. Supreme Court
Pfizer Stock and the Chief Justice’s Recusal Policy Led to 4-4 Drug Case Split
Posted Mar 4, 2008, 07:10 am CDT
By Debra Cassens Weiss
Chief Justice John G. Roberts owns Pfizer stock valued between $5,001 and $50,000, according to his financial statements, and that’s apparently the reason he did not take part in yesterday’s split decision that allowed a lawsuit to proceed against the company.
The U.S. Supreme Court’s 4-4 vote had the effect of affirming a ruling by the New York City-based 2nd U.S. Circuit Court of Appeals, which allowed 27 diabetes plaintiffs to sue based on allegations the company withheld information from the Food and Drug Administration during its approval procedure, the New York Times reports.
In past cases, Roberts has sold stock he owns so he can participate—but only if an additional justice is also recusing because of conflicts, reports The BLT: The Blog of Legal Times. He apparently believes two justices recusing is unacceptable, but one is not.
The court issued its tie vote only one week after hearing oral arguments in the case. The court took an initial vote last Wednesday, which produced the 4-4 tie and apparently the decision to release the result.
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