West Virginia Scores Rehearing Over Drug Discount Injunction

May 28, 2026, 10:30 PM UTC

A federal appeals court agreed to rehear West Virginia’s request to lift an injunction barring enforcement of state restrictions against drugmakers seeking to limit discounts to pharmacies under a federal program.

The US Court of Appeals for the Fourth Circuit granted Thursday West Virginia Attorney General John McCuskey’s request to rehear en banc arguments over a preliminary injunction. All active judges in the court will review the case after a three-judge panel in March ruled to keep the state’s SB 325 temporarily blocked while litigation plays out over the law.

The court said the case is scheduled for oral argument ...

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