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COALITION FOR COMMON SENSE IN GOVERNMENT v. U.S.

No. 11-5350.

707 F.3d 311 (2013)

COALITION FOR COMMON SENSE IN GOVERNMENT PROCUREMENT, Appellant, v. UNITED STATES of America and United States Department of Defense, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 4, 2013.

Attorney(s) appearing for the Case

Lisa S. Blatt argued the cause for appellant. With her on the briefs were Jeffrey L. Handwerker , Kara L. Daniels , and R. Stanton Jones.   Daniel G. Jarcho entered an appearance.

Sarang Vijay Damle , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Ronald C. Machen, Jr. , U.S. Attorney, and Mark B. Stern , Attorney.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Seeking to curb the rising cost of prescription drugs for military families, Congress enacted section 703 of the National Defense Authorization Act for Fiscal Year 2008, which subjects all prescriptions purchased at retail pharmacies by service members to the same price caps as drugs procured directly by the Department of Defense. Pursuant to this provision, the Secretary of Defense issued a regulation requiring pharmaceutical manufacturers to...

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