Case Status

3 results

PHARMACEUTICAL RESEARCH v. WALSH (25448)

    Order dated: 10/09/01
    Docket number: 01-188
    Action:
        The Solicitor General is invited to file briefs in these cases expressing the views of the United States.

PHARMACEUTICAL RESEARCH v. WALSH (25448)

    Order dated: 06/28/02
    Docket number: 01-188
    Action:
        The petitions for writs of certiorari are granted.

PHARMACEUTICAL RESEARCH v. WALSH (25448)

    Order dated: 12/16/02
    Docket number: 01-188
    Action:
        The motions of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument are granted.

A description of the questions presented by the case has been prepared:

1. Whether the federal Medicaid statue, 42 U. S. C. 1396 et seq., allows a state to use 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 it products to wholesalers outside the state, to pay the state each time one of its products is subsequently sold by a retailer within the state?

An opinion has been handed down: