80 pages, audio also available. Justice Gorsuch, to the attorney for the State of Arkansas [referencing Gobeille v. Liberty Mutual Ins. Co.]: "[If] reporting relates to health plans, why wouldn't the payment for drugs? That would seem to be one of the central functions of a healthcare plan." ... Justice Kagan, to the U.S. attorney, appearing as amicus curiae: "[O]ne of the main drivers of ERISA's preemption provision was a concern about uniformity. And, here, we have 45 different states that have passed all kinds of laws with respect to these PBMs. And I'm wondering why that doesn't raise exactly the specter that the drafters of ERISA were concerned about, where the PBMs ... are trying to do 45 different things in 45 different states ... in a way that really does affect plan administration." [Rutledge v. Pharmaceutical Care Mgmt. Assoc., Nos. 17-1609 and 17-1629 (8th Cir. Jun. 8, 2018; oral arg. Oct. 6, 2020)]  MORE >>