Attorney General Todd Rokita is leading 12 states seeking to free companies from unconstitutional federal constraints that hinder such crucial work as the development of life-saving cancer screens.

Attorney General Rokita’s action comes in response to a decision by the Federal Trade Commission (FTC) to block a vertical merger of two companies working to develop a product that can screen for more than 50 types of cancer in asymptomatic patients. 

“We’re standing up for Hoosiers’ health, the public interest and the legitimate rule of law,” Attorney General Rokita said. “An agency committed to a simplistic ‘big is bad’ approach that wields executive enforcement power is dangerous to free enterprise — and in this case dangerous to Hoosiers who could benefit from these life-saving cancer screenings.”

The FTC, citing antitrust concerns, lost its case in front of an FTC administrative law judge in 2022. The agency persisted in its agenda to block the merger and took its case to the friendliest tribunal possible — the FTC Board of Commissioners — which overturned the administrative law judge’s decision and ordered divestiture of the two companies.

On behalf of Indiana and the 11 other states, Attorney General Rokita submitted an amicus brief in support of petitioners Illumina Inc. and Grail Inc. — who are asking the Fifth Circuit U.S. Court of Appeals to review the FTC Board of Commissioners decision blocking the merger of cancer screening test developer Grail and its former parent company, Illumina.