United States First Circuit

The Maine Act to Establish Fairer Pricing for Prescription Drugs, 2000 Me. Legis. Ch. 786, allowing program enrollees to purchase prescription drugs from participating Maine pharmacies at a discounted price, is not preempted and does not violate the dormant commerce clause.

Appellate Information

• Decided 05/16/2001
• Published 05/16/2001

Judges

• BOWNES, Senior Circuit Judge., Before BOWNES, Senior Circuit Judge, KEETON and SARIS, District Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Andrew S. Hagler, Assistant Attorney General, with whom G. Steven Rowe, Attorney General, Paul Stern, Deputy Attorney General, John R. Brautigam, Assistant Attorney General, Cabanne Howard, and University of Maine Law School, were on brief, for appellant., Thomas C. Bradley, Arn H. Pearson and Maine Citizen Leadership Fund on brief for Viola Quirion, Michelle Campbell, Maine Council of Senior Citizens and Richard Donahue, M.D., amici curiae., Daniel J. Popeo, Richard A. Samp and Washington Legal Foundation, on brief for Washington Legal Foundation, Allied Educational Foundation, International Patient Advocacy Association, Kidney Cancer Association, The Seniors Coalition, and The 60 Plus Association, amici curiae., Steven J. Rosenbaum, David H. Remes, Covington & Burling, Robin S. Conrad and National Chamber Litigation Center on brief, for the Chamber of Commerce of the United States, amicus curiae., Edwin D. Schindler on brief pro se, amicus curiae.


• For Appellees:
  
• Kathleen M. Sullivan, with whom Daniel M. Price, Allen S. Rugg, Marinn F. Carlson, Powell, Goldstein, Frazer & Murphy, L.L.P., Bruce C. Gerrity and Preti, Flaherty, Beliveau, Pachios & Haley L.L.C., were on brief, for appellees.