North Dakota asks Supreme Court to hear PBM case

NCPA November 16, 2020

The state of North Dakota has filed a petition for a writ of certiorari, which means it is asking the Supreme Court to review the 8th U.S. Circuit Court of Appeals judgment in PCMA v. Tufte. Now known as Wilke v. PCMA, this case is similar to Rutledge v. PCMA, which the court heard in October. In both cases, the Supreme Court is asked to consider whether ERISA preempts a state’s authority to regulate PBMs. Should the court find in favor of the state of Arkansas in Rutledge and reverse the 8th Circuit, it should then grant North Dakota’s petition, vacate the 8th Circuit’s judgment, and send North Dakota’s case back to the 8th Circuit for reconsideration in light of the Supreme Court’s ruling in Rutledge. Should the Supreme Court find in favor of PCMA in Rutledge, there are issues in North Dakota’s case that were not before the Supreme Court in Rutledge, so there could be an opportunity for the court to decide those outstanding issues. Here’s how we reported the 8th Circuit decision in August. Here’s more on Rutledge v. PCMA.