Would violate 5th Amendment Takings Clause: Just
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Posted On: 12/19/2020 1:30:16 AM
Would violate 5th Amendment Takings Clause:
There is a big difference between what 3M sells and what CytoDyn intends to sell.
3M has the legal right to sell their N-95 masks currently in the US.
CytoDyn has no legal right to sell leronlimab currently in the US.
As a result, if the US barred CytoDyn from selling outside the US without allowing CytoDyn to sell in the US or buying up CytoDyn's supply of leronlimab, it would violate the Fifth Amendment to the United States Constitution prohibition against Takings Without Just Compensation.
https://constitutioncenter.org/interactive-co...lauses/634
The US Government would need to immediately pay up "just compensation" for the supply of leronlimab. But, that would put the government, particularly the FDA in a bind. It would expose the FDA for failing to approve leronlimab.
Quote:
Just look at what happened to 3M when they wanted to sell N-95 masks to other countries a few months ago.
There is a big difference between what 3M sells and what CytoDyn intends to sell.
3M has the legal right to sell their N-95 masks currently in the US.
CytoDyn has no legal right to sell leronlimab currently in the US.
As a result, if the US barred CytoDyn from selling outside the US without allowing CytoDyn to sell in the US or buying up CytoDyn's supply of leronlimab, it would violate the Fifth Amendment to the United States Constitution prohibition against Takings Without Just Compensation.
https://constitutioncenter.org/interactive-co...lauses/634
The US Government would need to immediately pay up "just compensation" for the supply of leronlimab. But, that would put the government, particularly the FDA in a bind. It would expose the FDA for failing to approve leronlimab.
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