WALMART INC. v. U.S. DEPT. OF JUSTICE

No. 21-40157.

21 F.4th 300 (2021)

WALMART INC., Plaintiff-Appellant, v. U.S. DEPARTMENT OF JUSTICE; U.S. Drug Enforcement Administration; Acting Administrator D. Christopher Evans; Merrick Garland, U.S. Attorney General, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED December 22, 2021.


Attorney(s) appearing for the Case

Benjamin C. Mizer , Solicitor, Michael A. Carvin , Jeffrey Johnson , Jacob Moshe Roth , Jones Day, Washington, DC, Karen Hewitt , Jones Day, San Diego, CA, Jason Scott Varnado , Jones Day, Houston, TX, for Plaintiff-Appellant.

Sarah Wendy Carroll , U.S. Department of Justice, Civil Division, Appellate Section, Adam Craig Jed , U.S. Department of Justice, Kate Talmor , U.S. Department of Justice, Commercial Litigation Branch, Washington, DC, for Defendants-Appellees.

John Mercer Masslon, II , Washington Legal Foundation, Washington, DC, for Amicus Curiae Washington Legal Foundation.

Megan Leef Brown , Jeremy Joseph Broggi , Stephen Obermeier , Wiley Rein, L.L.P., Washington, DC, for Amici Curiae U.S. Chamber of Commerce, Retail Litigation Center, Incorporated, National Retail Federation, Independent Women's Law Center.

Cameron Davis , Hunton Andrews Kurth, L.L.P., Austin, TX, for Amicus Curiae National Association of Chain Drug Stores, Incorporated.

Shana-Tara O'Toole , Due Process Institute, Washington, DC, for Amicus Curiae Due Process Institute.

Shana-Tara O'Toole , Due Process Institute, Clark McAdams Neily, III , Ilya Shapiro, Esq. , Cato Institute, Washington, DC, for Amicus Curiae The Cato Institute.

Theodore H. Frank , Hamilton Lincoln Law Institute, Washington, DC, for Amici Curiae Hamilton Lincoln Law Institute, Competitive Enterprise Institute.

Jeffrey B. Dubner , Democracy Forward Foundation, Washington, DC, for Amicus Curiae Democracy Forward Foundation.

Before HIGGINBOTHAM, SMITH, and HO, Circuit Judges.


Walmart challenges the government's interpretation of the Controlled Substances Act, 21 U.S.C. § 801 et seq. ("CSA"), as it applies to pharmacists who dispense prescription opioids. Or at least, Walmart questions what it says are the government's interpretations of the CSA— it points to no...

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