That's not the issue. The issue is that the law is a Consituttionally-impermissible "taking" under the Fifth Ammendment, since any legally-set maximum price at which something may be sold steals from the seller the difference between the market price and the one set by law.
True. Now if we could just get a judge to use this to throw out Medicare's price controls that force doctors to accept government prices. If government wants to pay for senior healthcare (constitutionally dubious, but not likely to be overturned soon) they can say how much they're willing to pay, but not what doctors and hospitals can charge. Patients should be responsible for the difference and the market will see to it that prices don't get "too" high. As a group most seniors are well off, for those who really are on limited incomes than put them on something akin to Medicaid for mandated discounts. But if their healthcare givers have to provide discounts than so should everyone else who deals with those deserving poor. Mandate discounts on food, energy, rent, clothing, transportation, communications, not to mention government. Discount their property taxes, sales taxes, whatever income taxes they pay, even their cigarette taxes.
They wanted the drug prices to pass a global test.
Just a sarcastic Kerry reference.