ASSOCIATION FOR ACCESSIBLE MEDICINES v. FROSH

No. 17-2166.

887 F.3d 664 (2018)

ASSOCIATION FOR ACCESSIBLE MEDICINES, Plaintiff-Appellant, v. Brian E. FROSH, in his official capacity as Attorney General for the State of Maryland; Dennis R. Schrader, in his official capacity as Secretary of the Maryland Department of Health, Defendants-Appellees, Chamber of Commerce of the United States of America, Amicus Supporting Appellant, AARP; AARP Foundation; Knowledge Ecology International; Maryland Citizens' Health Initiative Education Fund, Incorporated; Public Citizen; Public Justice Center; Maryland Citizens' Health Initiative Education Fund, Incorporated; Disability Rights Maryland, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 13, 2018.


Attorney(s) appearing for the Case

ARGUED: Jay P. Lefkowitz , Kirkland & Ellis LLP, New York, New York, for Appellant. Joshua Neal Auerbach , Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellees. ON BRIEF: Jonathan D. Janow , Matthew D. Rowen , Kirkland & Ellis LLP, Washington, D.C., for Appellant. Brian E. Frosh , Attorney General, Leah J. Tulin , Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellees. Warren Postman , Janet Galeria , United States Chamber Litigation Center, Washington, D.C.; William S. Consovoy , Bryan K. Weir , Consovoy Mccarthy PARK PLLC, Arlington, Virginia, for Amicus Chamber of Commerce of the United States of America. William Alvarado Rivera , Iris Y. González , David Edmon , AARP Foundation Litigation, Washington, D.C., for Amici AARP, AARP Foundation, Knowledge Ecology International, The Maryland Citizens' Health Initiative Education Fund, and Public Citizen. K'Shaani Smith , Murnaghan Appellate Advocacy Fellow, Public Justice Center, Baltimore, Maryland, for Amici Public Justice Center, Maryland Citizens' Health Initiative Education Fund, Incorporated, and Disability Rights Maryland, Incorporated.

Reversed and remanded by published opinion. Judge Thacker wrote the majority opinion, in which Judge Agee joined. Judge Wynn wrote a dissenting opinion.


The Association for Accessible Medicines ("AAM") appeals the district court's dismissal of its dormant commerce clause challenge to a Maryland statute prohibiting price gouging in the sale of prescription drugs. AAM also appeals the district court's refusal to enjoin enforcement of the statute on the basis that it is unconstitutionally...

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