Momenta Pharmaceuticals, Inc. (MNTA)

[DewDiligence]

Even though you were joking, it’s impossible to remove politics entirely from these kinds of decisions. Let’s not forget that the SG belongs to the Executive Branch (a/k/a the Obama administration), whose policy favors facilitating more (and cheaper) generic drugs. The FDA approved MNTA’s generic Lovenox during the first Obama administration, and it’s quite possible that it wouldn’t have been approved under a Republican administration.

The USSC is, of course, part of the Judicial Branch rather than the Executive Branch of the federal government. There have cases where the USSC accepts certiorari against the advice of the SG, but please don’t ask me to cite them :- )