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PHARMACEUTICAL AND RESEARCH MFRS. v. THOMPSON

No. 01-5029

251 F.3d 219 (2001)

Pharmaceutical Research and Manufacturers of America, Appellant v. Tommy G. Thompson, in his official capacity as Secretary, United States Department of Health and Human Services, et al., Appellees

United States Court of Appeals, District of Columbia Circuit.

Decided June 8, 2001

Attorney(s) appearing for the Case

Allen R. Snyder argued the cause for appellant. With him on the briefs were Darrel J. Grinstead and Jeffrey Pariser.

Ronald A. Shems argued the cause for appellee State of Vermont Agency of Human Services. With him on the brief were Susan R. Harritt and Rebecca Ellis, Assistant Attorneys General, State of Vermont.

Scott R. McIntosh, Attorney, U.S. Department of Justice, argued the cause for the federal appellees. With him on the brief were Wilma A. Lewis, U.S. Attorney at the time the brief was filed, and Barbara C. Biddle, Attorney.

G. Steven Rowe, Attorney General, and Paul Stern, Deputy Attorney General, State of Maine, were on the brief for amicus curiae State of Maine in support of appellee.

Before: Sentelle, Rogers and Tatel, Circuit Judges.

Opinion for the Court filed by Circuit Judge Tatel.

TATEL, Circuit Judge:

The Medicaid statute requires pharmaceutical manufacturers to rebate a portion of the price of their drugs as a condition for participating in Medicaid. In this case, pharmaceutical manufacturers challenge the Department of Health and Human Service's approval of a Vermont demonstration project requiring the manufacturers to rebate a portion of the price of drugs purchased directly by...

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