Battleground: SCOTUS

SCOTUS "Ready to Rumble"

UPDATE: Supreme Court to hear Rutledge v. PCMA Oct. 6

The US Supreme Court has released its October 2020 oral argument calendar, with Rutledge v. PCMA now scheduled to be heard on Tuesday, Oct. 6. The case was originally scheduled to be argued in April but was postponed due to the coronavirus pandemic. Rutledge v. PCMA is a landmark case on whether states can adopt meaningful regulations on pharmacy benefit managers.

NCPA is aware of the United States Court of Appeals for the Eighth Circuit’s decision in PCMA v. Tufte, which involved North Dakota’s PBM regulation. It is disappointed that the Court applied erroneous standards to find that the North Dakota law regulating PBMs is not enforceable in that state. Despite this unfortunate setback, NCPA is hopeful the State of North Dakota will seek a full rehearing from the United States Court of Appeals for the Eighth Circuit to right this wrong and ensure that North Dakota’s legislation regulating PBMs is enforced.

NCPA will continue to monitor this matter, and other cases directly impacting states’ efforts to regulate PBMs, including the pending appeal at the U.S. Supreme Court in Rutledge v. PCMA that is scheduled to be heard on October 6, 2020. As we all know, it is the war not the battle that truly matters. This setback is small in the scheme of the hard work our members have done to hold PBMs accountable and NCPA will continue to persist on that front.

In the meantime, thank you again for your support. If you would like to contribute to the NCPA Legislative/Legal Defense Fund, your support would be much appreciated.


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Making Sense of Rutledge v. PCMA: Does ERISA Preempt State Laws Regulating Pharmacy Benefit Managers?

Proceedings and Orders