In the ongoing legal battle about the state’s regulations of pharmacy middlemen, known as pharmacy benefit managers (PBMs), Oklahoma has turned to seasoned U.S. Supreme Court lawyer, Paul Clement. Clement has been tasked with presenting Oklahoma’s case at the Supreme Court in defense of what the state describes as “modest” regulations against the alleged “self-dealing” nature of PBMs.
Paul Clement has brought forward a petition for a writ of certiorari this month, inviting the justices to review a previous ruling by the U.S. Court of Appeals for the Tenth Circuit. The Tenth Circuit court maintained that federal law preempts an Oklahoma statute enacted in 2019, which governs PBM business practices.
The petition follows a legal challenge to the state law filed by the Pharmaceutical Care Management Association, a representative trade group for PBMs. The state of Oklahoma holds that PBMs have had a detrimental impact on pharmacies and the patients they serve.
More details can be found in this National Law Journal report.