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Brian E. Frosh, Attorney General of Maryland, et al. v. Association for Accessible Medicines

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-2166 · judgment April 13, 2018

Certiorari denied · February 19, 2019
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Does the Commerce Clause prohibit a state from protecting consumer access to essential off-patent and generic prescription drugs by requiring manufacturers to refrain from unconscionably raising the price of those drugs sold in the state?

Counsel of record

For petitioner
Julia Doyle

For respondent
Jay Philip Lefkowitz
Kirkland & Ellis LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage

Proceedings

  1. Feb 19 2019
    Petition DENIED.
  2. Jan 30 2019
    DISTRIBUTED for Conference of 2/15/2019.
  3. Jan 25 2019
    Reply of petitioners Brian Frosh, et al. filed.
  4. Jan 14 2019
    Brief of respondent Association for Accessible Medicines in opposition filed.
  5. Dec 13 2018
    Brief amici curiae of Legal Scholars filed.
  6. Dec 13 2018
    Brief amici curiae of National Health Law Program, et al. filed.
  7. Nov 21 2018
    Brief amici curiae of Gerard F. Anderson; Joshua M. Sharfstein filed.
  8. Nov 16 2018
    Motion to extend the time to file a response is granted and the time is extended to and including January 14, 2019.
  9. Nov 15 2018
    Motion to extend the time to file a response from December 13, 2018 to January 14, 2019, submitted to The Clerk.
  10. Nov 13 2018
    Response Requested. (Due December 13, 2018)
  11. Nov 07 2018
    DISTRIBUTED for Conference of 11/30/2018.
  12. Nov 05 2018
    Waiver of right of respondent Association for Accessible Medicines to respond filed.
  13. Nov 05 2018
    Blanket Consent filed by Respondents, Association for Accessible Medicines.
  14. Nov 01 2018
    Blanket Consent filed by Petitioners, Brian Frosh, et al.
  15. Oct 19 2018
    Petition for a writ of certiorari filed. (Response due November 26, 2018)