Pharmaceutical Research and Mfrs. of America v. Walsh, 538 U.S. 644, 47 (2003)

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690

PHARMACEUTICAL RESEARCH AND MFRS. OF AMERICA v. WALSH

Opinion of O'Connor, J.

is simply whether the issuance of the injunction . . . constituted an abuse of discretion").

The District Court had before it, on one hand, concrete evidence of the burdens that Maine Rx's prior-authorization requirement would impose on Medicaid beneficiaries. On the other hand, the District Court had no evidence or argument suggesting that Maine Rx would achieve cost savings or any other Medicaid-related goal. Finding that the District Court, under these circumstances, did not abuse its discretion by preliminarily enjoining Maine Rx's prior-authorization requirement, I would reverse the judgment of the Court of Appeals and remand for further proceedings.

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