Pharmaceutical Research and Manufacturers of America (PhRMA)
Petitioner
Daniel M. Price, Counsel of RecordWhen the State of Maine enacted a program that required pharmaceutical manufacturers to either pay a rebate to lower drug prices in the State or face prior authorization requirements under Medicaid rules, PhRMA, a consortium of drug manufacturers, filed suit. The organization alleged that Maine was abusing Medicaid rules to accomplish a goal Congress never envisioned and that less-effective medical treatment for Medicaid patients would result. In addition, it argued that Maine was violating the Commerce Clause of the Constitution by regulating out-of-State businesses. On October 26, 2000, a district court ruled in PhRMA’s favor…
