Oklahoma Taps Paul Clement to Take on Pharmacy ‘Middlemen’ at High Court

Veteran U.S. Supreme Court lawyer Paul Clement has taken another case to the high court on behalf of Oklahoma, this time in defense of the state’s “modest” regulations of “self-dealing” pharmacy middlemen known as pharmacy benefit managers.

In a petition for certiorari filed this month, Clement has asked the justices to review a recent U.S. Court of Appeals for the Tenth Circuit decision that federal law preempts a 2019 Oklahoma statute regulating PBM business practices. That decision followed a court challenge to the law filed by the Pharmaceutical Care Management Association, a trade group representing PBMs.

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