The Supreme Court - January 13, 2020

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On Friday afternoon, the Supreme Court of the United States granted certiorari in three cases:

Barr v. Political Consultants, et al., No. 19-631: Whether the government-debt exception to the Telephone Consumer Protection Act’s automated-call restriction violates the First Amendment, and whether the proper remedy for any constitutional violation is to sever the exception from the remainder of the statute.

Rutledge v. Pharmaceutical Care Management, No. 18-540: Whether the Eighth Circuit erred in holding that Arkansas’s statute regulating pharmacy benefit managers’ drug-reimbursement rates, which is similar to laws enacted by a substantial majority of States, is preempted by ERISA, in contravention of this Court’s precedent that ERISA does not preempt rate regulation.

Salinas v. Railroad Retirement Board, No. 19-199: Whether, under section 5(f) of the Railroad Unemployment Insurance Act, 45 U.S.C. §355(f), and section 8 of the Railroad Retirement Act, 45 U.S.C. §231g, the Railroad Retirement Board’s denial of a request to reopen a prior benefits determination is a “final decision” subject to judicial review.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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