SCOTUS Bound? After Appellate Ruling, What's Next in 340B Drug Discount Cases?

The statutory question at the center of the appeals could create a circuit split that brings the issue to the U.S. Supreme Court, said one court watcher.

February 10, 2023 at 12:20 PM

7 minute read

Civil Appeals

Avalon Zoppo

The original version of this story was published on National Law Journal

What You Need to Know

The Third Circuit was the first federal appeals court to weigh in on 340B drug discount dispute.
Legal experts say the ruling showed more significant alignment among judges on the issue.
Whether a circuit split will bring the case to the Supreme Court is up in the air.

Legal experts say federal judges are significantly aligned after a first-of-its-kind appellate ruling backing drugmakers' policies on the government's 340B drug discount program, but there's less consensus on whether other appeals courts will follow suit.