O'Neill Institute  |  September 8, 2025

The high cost of prescription drugs harms health and exacerbates disparities. Leveraging their traditional public health powers, states have pursued and adopted various innovative approaches to lower prescription drug prices. But these efforts are often met with litigation challenges, which sometimes derail the policies or chill policy momentum.

To demystify litigation challenges, the Center for Health Policy and the Law has launched a series of publications addressing the common arguments that are made in litigation challenging state prescription drug pricing policies.


Navigating the Dormant Commerce Clause →

  • Andrew J. Twinamatsiko, Katie Keith, Sarah Wetter

Navigating Patent Preemption →

  • Andrew J. Twinamatsiko, Katie Keith

Navigating ERISA Preemption (coming soon)