PHARMACEUTICAL CARE MANAGEMENT ASS'N v. MULREADY

No. 22-6074.

78 F.4th 1183 (2023)

PHARMACEUTICAL CARE MANAGEMENT ASSOCIATION, Plaintiff-Appellant, v. Glen MULREADY, in his official capacity as Insurance Commissioner of Oklahoma; Oklahoma Insurance Department, Defendants-Appellees. Association of Federal Health Organizations; State of Minnesota; State of Arizona; State of Arkansas; State of California; State of Colorado; State of Connecticut; State of Delaware; State of Florida; State of Hawaii; State of Idaho; State of Illinois; State of Indiana; State of Kansas; State of Kentucky; State of Maine; State of Maryland; State of Massachusetts; State of Michigan; State of Mississippi; State of Nebraska; State of Nevada; State of New Jersey; State of New Mexico; State of New York; State of North Carolina; State of North Dakota; State of Oregon; State of Rhode Island; State of South Carolina; State of South Dakota; State of Texas; State of Utah; State of Virginia; State of Washington; District of Columbia; the National Community Pharmacists Association; American Pharmacists Association; National Association of Chain Drug Stores, Inc.; American Pharmacies, Inc.; Oklahoma Pharmacists Association; United States of America, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED August 15, 2023.


Attorney(s) appearing for the Case

Kristyn M. DeFilipp of Foley Hoag LLP, Boston, Massachusetts ( Dean Richlin and Andrew M. London of Foley Hoag LLP, Boston, Massachusetts; Joel W. Harmon and Mary H. Tolbert of Crowe & Dunlevy, Oklahoma City, Oklahoma, with her on the briefs), for Plaintiff-Appellant.

Zach West , Director of Special Litigation, Oklahoma Office of the Attorney General ( Garry M. Gaskins, II , Solicitor General; Will Flanagan , Assistant Solicitor General, with him on the briefs), Oklahoma City, Oklahoma, for Defendants-Appellees.

Benjamin W. Snyder , Assistant to the Solicitor General ( Seema Nanda , Solicitor of Labor; Wayne R. Berry , Acting Associate Solicitor for Plan Benefits Security; Jeff Hahn , Garrett Traub , and Isidro Mariscal , Attorneys, Office of the Solicitor, Plan Benefits Security Division, U.S. Department of Labor; Brian M. Boynton , Principal Deputy Assistant Attorney General; Alisa B. Klein and Anna O. Mohan , Attorneys, Appellate Staff, Civil Division, U.S. Department of Justice, with him on the amicus brief), Washington, D.C., for amicus curiae the United States of America.

Anthony F. Shelley of Miller & Chevalier Chartered, Washington, D.C.; and David M. Ermer of Ermer & Suter, PLLC, Washington, D.C., filed an amicus brief on behalf of Plaintiff-Appellant, for the Association of Federal Health Organizations.

Keith Ellison , Attorney General, State of Minnesota; Angela Behrens , Stephen Melchionne , and Allen Cook Barr , Assistant Attorneys General, St. Paul, Minnesota, filed an amicus brief on behalf of Defendants-Appellees, for the States of Minnesota, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, and the District of Columbia.

Robert T. Smith and Howard R. Rubin of Katten Muchin Rosenman LLP, Washington D.C., filed an amicus brief on behalf of Defendants-Appellees, for The National Community Pharmacists Association, the American Pharmacists Association, the National Association of Chain Drug Stores, Inc., American Pharmacies, Inc., and the Oklahoma Pharmacists Association.

Before PHILLIPS, MURPHY, and ROSSMAN, Circuit Judges.


The Constitution ordains a federal system under which the federal and state governments share power. But when federal and state laws collide, the Constitution is clear: Federal law wins. This case is about a collision between federal law and Oklahoma law.

In 2019, the Oklahoma legislature unanimously passed the Patient...

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