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The problem with the state’s case against Johnson & Johnson was that, while the language of the law is broad enough to encompass the state’s claims, the statute, which is over a century old, has never been used in the context of holding an industry responsible for the misuse of its products. As the Supreme Court rightly concluded, the judiciary does not possess the legitimate authority to rewrite public nuisance law. There remain other legal vehicles for holding the drug companies accountable for their role in the epidemic, including product liability suits and taxation of their profits to fund remedial programs.

United statesKevin stittAndrewc spiropoulosSupreme courtOklahoma supreme courtOklahoma attorney generalJohnson ampOklahoma state supreme courtRight thinking