WASHINGTON, DC — A coalition of activists organized by artist Nan Goldin’s PAIN group, Truth Pharm, and Relatives Against Purdue Pharma came together before the United States Supreme Court yesterday, December 4, to protest during hearings related to the Purdue Pharma bankruptcy settlement. The 2019 deal includes liability releases for all members of the Sackler family, whose name has become synonymous with the highly addictive painkiller OxyContin that fueled the ongoing opioid epidemic, and free them from future charges of wrongdoing.

While the protesters bore the cold and cloudy morning from 8:30am onwards, lining up the fences with banners and tombstones dedicated to the loved ones they lost to opioids, another group gathered inside the court. They were there to hear William K. Harrington United States Trustee v. Purdue Pharma L.P., a case about the legality of the Purdue settlement. Activists demanded that the Supreme Court strike down the Sackler liability releases, claiming that they “are in violation of the law and the Constitutional rights to seek a remedy or resolution for perceived wrongs or injustices.” The activists also noted that the Sackler family was far from broke, having moved billions of dollars to offshore banks since Purdue Pharma’s so-called bankruptcy.

Activists lined up the fences with banners and tombstones dedicated to the loved ones they lost.

The protest came to a halt during the hearing, and the activists used an iPhone and a megaphone to air it live to a crowd of around 50 people. Edward Bish, one of the few protesters who experienced the day’s atmosphere both inside and outside the court, walked out toward the end of the hearing.

“My son Eddie died on President’s Day 2001. In 2003, I and other parents formed Relatives Against Purdue Pharma, and we’ve been protesting ever since 2003,” Bish told Hyperallergic. “I was able to testify in the 2007 sentencing in Abington, Virginia, and two years ago, we protested in front of the Department of Justice, because ultimately we want criminal charges. And now I’m here at the Supreme Court.” 

After the hearing ended, Goldin addressed the crowd. “The Sacklers are using the billions they made off the bodies of over 500,000 people to pervert bankruptcy law,” she said. “Their lawyers claim this settlement must be rushed out to help survivors, but in fact, most will get nothing — and the rest as little as $3,500 for their suffering.”

“The Sacklers are using the billions they made off the bodies of over 500,000 people to pervert bankruptcy law,” Nan Goldin said.

As the court adjourned and those inside slowly descended the stairs of the Supreme Court, the protesters held their signs toward them and called on the judges to do the right thing. Speaking to Hyperallergic soon afterward, Goldin said, “I think an important thing that hasn’t been spoken about is that the Sacklers hand-picked a judge that they knew was sympathetic to corporations. And to prove that point, after the case ended, he stepped down and went to work at one of the law firms that protected the Sacklers.” In 2019, Purdue Pharma opened a new headquarters in White Plains, New York, so it could file for bankruptcy under the jurisdiction of Judge Robert Drain. Drain retired in 2022 to join the Corporate Restructuring Group at the law firm Skadden, Arps, Slate, Meagher & Flom who defended Purdue Pharma during opioid probes.

“​​One of the things that bothers me is people think that our fight is about the opioid epidemic,” said activist Alex P. “This is really about any future billionaire who wants to conspire to do harm. If they set the court precedent, what they will be saying is that any billionaire can do that and keep their money and then walk away scot-free. All they have to do is bankrupt the company that they created.”

The Supreme Court is expected to announce its decision in spring 2024.

Purdue Pharma opened a new headquarters in White Plains, New York, so it could file for bankruptcy under the jurisdiction of Judge Robert Drain.
Activists demanded that the Supreme Court strike down the Sackler liability releases.
The highly addictive painkiller OxyContin, developed by Purdue Pharma, fueled the ongoing opioid epidemic.
The protest came to a halt during the hearing, and the activists used an iPhone and a megaphone to air it live to a crowd of around 50 people.

Murat Cem Mengüç is a freelance writer, artist and a historian who holds a PhD in history of MENA. He is the founder of Studio Teleocene, and currently based outside of Washington, DC.