Supreme Court Calls Out Government For Changing Its Position in Myriad

April 15th, 2013

From oral argument in Association for Molecular Pathology v. Myriad Genetics, Inc.:

JUSTICE ALITO: Well, the issue here is a very difficult one. It’s one on which the Government has changed its position; isn’t that correct?

…. [much later]

JUSTICE GINSBURG: Even though — even though the Government has disavowed it [referring to the PTO’s Utility guidelines], even though the Government, representing the United States -­

MR. CASTANIAS: Even so, and — and the reason for that is -­

JUSTICE GINSBURG: At least that the strength of the presumption [of deference] would be diluted

This continues a trend of the Justices noting changed positions by the current administration.

H/T Mark