Association for Accessible Medicines v. Raoul

Why this Matters:

The plaintiff argues that an Illinois law imposing penalties for increasing prices of certain generic drugs 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. In this appeal, the plaintiff seeks review of the District Court’s denial of preliminary injunction after finding that the Illinois law does not violate the Dormant Commerce Clause’s prohibition against extraterritorial state legislation.

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.