Oral arguments for PCMA v. Wehbi are scheduled for Sept. 1, at 2 p.m. CT. Earlier this year, the U.S. Supreme Court vacated a ruling by the U.S Circuit Court of Appeals for the 8th Circuit in the case formerly known as Wilke v. PCMA. Last August, the 8th Circuit struck down North Dakota PBM regulations due to ERISA preemption issues. The Supreme Court determined that the 8th Circuit’s ruling could not stand in light of the recent unanimous ruling in Rutledge v. PCMA, and it was sent back to the circuit court for reevaluation of North Dakota’s law under the Rutledge decision. NCPA, along with nine state pharmacy associations, filed a friend of the court (amicus curiae) brief in the 8th Circuit defending North Dakota’s right to regulate PBMs. PCMA v. Wehbi is the first at the federal appellate level to consider the scope of the Supreme Court’s unanimous decision last year in Rutledge v. PCMA upholding an Arkansas state law regulating the abusive practices of PBMs. Read more about the case here.
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