Pharmaceutical Research and Manufacturers of America v. Walsh

Summary

Justice Thomas, concurring in the judgment, agrees petitioner was not entitled to a preliminary injunction. He argues the Medicaid Act grants States discretion for prior authorization, the Secretary's role precludes obstacle pre-emption, and negative Commerce Clause lacks constitutional basis. Justice O’Connor, concurring in part and dissenting in part, would uphold the injunction. Justice Breyer, concurring, affirms vacating the injunction due to deference to agency views. Justice Scalia, concurring in the judgment, rejects claims on similar preemption and Commerce Clause grounds.