Pharmaceutical Research and Manufacturers of America v. Walsh

Summary

Justice Breyer concurring in part and in the judgment, argues that the District Court erred in enjoining the Maine Rx Program because it applied an incorrect standard for federal preemption that required only a modest showing of harm rather than a serious compromise to federal interests. He emphasizes that the Secretary of Health and Human Services views are highly relevant and suggests using the primary jurisdiction doctrine to ensure agency input before further proceedings. Separate opinions by Justices Thomas and Scalia concur in the judgment based on different statutory and constitutional reasoning, while Justice O’Connor dissents in part, defending the District Court’s preliminary injunction.