Association for Accessible Medicine v. Ellison

Why this Matters

The plaintiff argues that a Minnesota law prohibiting generic drug manufacturers from excessively increasing prices violates the Due Process Clause of the Fourteenth Amendment as well as the Dormant Commerce Clause. Price gouging laws are one approach states are currently pursuing to lower prescription drug costs for their residents.

Potential Impact

The inability for state policymakers to address prescription drug affordability could negate savings for patients, and more broadly restrict state regulatory authority in the health care arena.