October Term 2002 · Docket 01-188
Do uninsured patients pay higher drug prices?
Pharmaceutical Research and Manufacturers of America argues that cash-paying patients face higher costs. Kevin Concannon disputes this claim.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Mr. Hagler stated that uninsured people pay more for drugs.
He noted that cash-paying patients are least able to absorb high prices.
Mr. Phillips addressed the Court regarding the legal basis of the case.
Chief Justice Rehnquist questioned whether adverse consequences are factually unresolved.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 24, lines 7-27 — Transcript, file page 24, lines 7-27
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 33, lines 23-3 — Transcript, file page 33, lines 23-3
- Official Supreme Court Transcript — file page 52, lines 39-47 — Transcript, file page 52, lines 39-47
- Official Supreme Court Transcript — file page 55, lines 37-5 — Transcript, file page 55, lines 37-5
- Official Supreme Court Transcript — file page 57, lines 27-29 — Transcript, file page 57, lines 27-29
A citizen's guide to the whole case
What this case is about
The dispute centers on prescription drug pricing for uninsured individuals. One side claims these patients pay more than other buyers. The other side challenges this assertion.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 7-27 — Transcript, file page 24, lines 7-27
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
- Official Supreme Court Transcript — file page 33, lines 23-3 — Transcript, file page 33, lines 23-3
- Official Supreme Court Transcript — file page 52, lines 39-47 — Transcript, file page 52, lines 39-47
- Official Supreme Court Transcript — file page 55, lines 37-5 — Transcript, file page 55, lines 37-5
How the case got here
The Supreme Court heard oral argument in this case on January 22, 2003.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 57, lines 27-29 — Transcript, file page 57, lines 27-29
What each side wants
Pharmaceutical Research and Manufacturers of America wants the Court to recognize that uninsured patients pay higher prices.
Kevin Concannon wants the Court to reject the claim that uninsured patients pay more.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 7-27 — Transcript, file page 24, lines 7-27
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
- Official Supreme Court Transcript — file page 33, lines 23-3 — Transcript, file page 33, lines 23-3
- Official Supreme Court Transcript — file page 52, lines 39-47 — Transcript, file page 52, lines 39-47
- Official Supreme Court Transcript — file page 55, lines 37-5 — Transcript, file page 55, lines 37-5
What each side says
Mr. Hagler argues that uninsured patients are charged more than any other purchaser.
Mr. Phillips argues that the legal framework supports the side that brought the case's position.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 7-27 — Transcript, file page 24, lines 7-27
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
- Official Supreme Court Transcript — file page 33, lines 23-3 — Transcript, file page 33, lines 23-3
- Official Supreme Court Transcript — file page 52, lines 39-47 — Transcript, file page 52, lines 39-47
- Official Supreme Court Transcript — file page 55, lines 37-5 — Transcript, file page 55, lines 37-5
What the justices asked
Chief Justice Rehnquist asked if adverse consequences are an unresolved factual question.
Official sources for this section
- Official Supreme Court Transcript — file page 57, lines 27-29 — Transcript, file page 57, lines 27-29
Why it matters
Uninsured patients face financial strain when paying cash for prescriptions. High prices impact those least able to absorb costs. The outcome affects access to affordable medication for vulnerable groups.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 7-27 — Transcript, file page 24, lines 7-27
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
- Official Supreme Court Transcript — file page 33, lines 23-3 — Transcript, file page 33, lines 23-3
- Official Supreme Court Transcript — file page 52, lines 39-47 — Transcript, file page 52, lines 39-47
- Official Supreme Court Transcript — file page 55, lines 37-5 — Transcript, file page 55, lines 37-5
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 57, lines 27-29 — Transcript, file page 57, lines 27-29
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 24, lines 7-27 — Transcript, file page 24, lines 7-27
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
- Official Supreme Court Transcript — file page 33, lines 23-3 — Transcript, file page 33, lines 23-3
- Official Supreme Court Transcript — file page 52, lines 39-47 — Transcript, file page 52, lines 39-47
- Official Supreme Court Transcript — file page 55, lines 37-5 — Transcript, file page 55, lines 37-5
- Official Supreme Court Transcript — file page 24, lines 7-27 — Transcript, file page 24, lines 7-27
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
- Official Supreme Court Transcript — file page 33, lines 23-3 — Transcript, file page 33, lines 23-3
- Official Supreme Court Transcript — file page 52, lines 39-47 — Transcript, file page 52, lines 39-47
- Official Supreme Court Transcript — file page 55, lines 37-5 — Transcript, file page 55, lines 37-5
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.