I wouldn't put the blame on Congress for passing a "bad law" for this one. The Hatch-Waxman Act predates Seminole Tribe of Fla. v. Florida and its clear stateme

I wouldn't put the blame on Congress for passing a "bad law" for this one. The Hatch-Waxman Act predates Seminole Tribe of Fla. v. Florida and its clear statement rule by more than a decade. And it's been more than 20 years since that case and apparently the evil geniuses at Allergan's law firm are the first to notice how the two combine to create this loophole.