Supreme Court of the United States

Pharmaceutical Research and Manufacturers of America v. Walsh

May 19, 2003538 U.S. 1

Summary

The Supreme Court affirmed the First Circuit's judgment vacating the preliminary injunction against Maine's Rx Program. The Court held that petitioner failed to show a probability of success on pre-emption or Commerce Clause claims at this stage. The Medicaid Act permits prior authorization and grants states discretion, and the program does not regulate out-of-state prices or discriminate against interstate commerce.