PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA v. American Society of Health-Systems Pharmacists, Amicus Supporting Rehearing Petition (2026)

United States Court of Appeals, Fourth Circuit.

PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA, Plaintiff - Appellee v. John B. MCCUSKEY, in his official capacity as Attorney General of West Virginia; John Bernabei, in his official capacity as a member of the West Virginia Board of Pharmacy; James Rucker, in his official capacity as a member of the West Virginia Board of Pharmacy; Jenna Misiti, in her official capacity as a member of the West Virginia Board of Pharmacy; Sam Kapourales, in his official capacity as a member of the West Virginia Board of Pharmacy; David Bowyer, in his official capacity as a member of the West Virginia Board of Pharmacy; Dennis Lewis, in his official capacity as a member of the West Virginia Board of Pharmacy; Robert Duncan, in his official capacity as a member of the West Virginia Board of Pharmacy; Allan McVey, in his official capacity as Insurance Commissioner, Defendants - Appellants 340B Health; American Hospital Association; West Virginia Hospital Association; West Virginia Primary Care Association, Amici Supporting Appellants and American Society of Health-Systems Pharmacists, Amicus Supporting Rehearing Petition

No. 25-1054 (L)

Decided: May 28, 2026

ORDER

A majority of judges in regular active service and not disqualified having voted in a requested poll of the court to grant the petition for rehearing en banc,

IT IS ORDERED that rehearing en banc is granted.

The parties shall file 16 additional paper copies of their briefs and appendices previously filed in this case within 10 days.

This case is scheduled for oral argument at the next available court session.

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