Drummond disappointed Supreme Court won't hear case that could have lowered prescription costs, vows to keep fighting

OKLAHOMA CITY (July 2, 2025) – Attorney General Gentner Drummond expressed disappointment today after the U.S. Supreme Court declined to hear Oklahoma's appeal of a federal court decision involving Oklahoma’s Patients Right to Pharmacy Choice Act, which protects Oklahoma patients and pharmacies from the abuses of pharmacy benefit managers (PBMs).

In 2023, the Tenth Circuit Court of Appeals ruled that parts of the Act cannot be enforced against PBMs because they are preempted by federal law – in particular, ERISA and Medicare Part D. 

Drummond said the Supreme Court's decision not to take the appeal, while disappointing, does not constitute a decision on the merits. The Supreme Court will often let issues percolate among several states and circuits before finally agreeing to decide an issue.

"We hope the Court will take up this important issue in the near future and rule in favor of states' rights to regulate these companies," said Drummond. “PBMs wield enormous power in the prescription drug marketplace, often to the detriment of patients and independent pharmacies, and they should not be shielded under federal laws that don’t regulate them at all. Meanwhile, we will continue to protect Oklahoma patients and pharmacies as much as possible within the limits the Tenth Circuit has set."  

The Patient’s Right to Pharmacy Choice Act was passed by the Legislature 2019. The law was designed to give patients better access to their preferred pharmacies and strengthen independent pharmacies' ability to negotiate with pharmacy benefit managers.