⚖ Oral Arguments, with Context

The Tenth Circuit reviews an order blocking part of Oklahoma's 2025 340B Nondiscrimination Act. The federal 340B program requires participating drug manufacturers to sell outpatient drugs at discounts to qualifying hospitals and clinics, called covered entities. Those providers may use outside contract pharmacies to dispense the drugs. Oklahoma's law barred manufacturers from restricting delivery to covered entities or their contract pharmacies and allowed civil fines. Before it took effect, AstraZeneca sued Oklahoma Attorney General Gentner Drummond and Insurance Commissioner Glen Mulready. The district court preliminarily barred enforcement of the delivery rule and the associated penalty provision. The recording also includes argument in the related PhRMA appeal. Garry Gaskins will argue that federal law leaves drug delivery open to state regulation. Erin Murphy for PhRMA, Allon Kedem for AstraZeneca, and Maxwell Baldi for the United States will argue that Oklahoma changed the terms of a federal program or unlawfully discriminated against its participants.

AstraZeneca Pharmaceuticals v. Drummond, et al. (No. 25-6183) — U.S. Court of Appeals for the Tenth Circuit, argued September 17, 2026.