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Pharmaceutical Research v. Walsh

Docket No.: 01-188
Certiorari Granted: Jun 28 2002
Argued: January 22, 2003
Decided: May 19, 2003

Topics:

Article 1, Section 8, Paragraph 3: Interstate Commerce Clause, Economic Activity, Federalism, Federal Preemption of State Regulation, Aid to Families with Dependent Children, Commerce Clause, EPA, Fifth Amendment, First Amendment, Medicaid, Medicare, Natural Resources, Social Security Act, Supremacy Clause, abuse of discretion, disparate impact, fiduciary obligations, judicial review, preemption, preliminary injunction, sovereign immunity

PartyNames: Pharmaceutical Research and Manufacturers of America v. Peter E. Walsh, Acting Commissioner, Maine Department of
Petitioner: Pharmaceutical Research and Manufacturers of America
Respondent: Peter E. Walsh, Acting Commissioner, Maine Department of

Court Below: United States Court of Appeals for the First Circuit
Citation: CA 1, 249 F.3d 66. QUESTIONS PRESENTED 1. Whether the federal Medicaid statute, 42 U.S.C. ยง 1396 et seq., allows a state touse authority under that statute to compel drug manufacturers to subsidize price discounts on prescription drugs for non-Medicaid populations?2. Whether a state may circumvent the Commerce Clause prohibition against regulating or taxing wholly out-of-state transactions by requiring an out-of-state manufacturer, which sells its products to wholesalers outside the state, to pay the state each time one of its products is subsequently sold by a retailer within thestate?
Lower Court Decision
Supreme Court Docket

Pharmaceutical Research and Manufacturers of America
v.
Peter E. Walsh, Acting Commissioner, Maine Department of
538 U.S. 644 (2003)
Question:

Is a Maine statute providing for affordable prescription drugs pre-empted by the Supremacy Clause? Does the statute violate the Commerce Clause?

Pharmaceutical Research v. Walsh
ORAL ARGUMENT

January 22, 2003

Holding: affirmed
Decision: Decision: 6 votes for Walsh, 3 vote(s) against
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