NOTE: This post was originally written August 29, 2023, and was updated on September 27, 2023 and July 1, 2025.

Breaking News: On June 30, 2025, the U.S. Supreme Court announced that it will not review the Tenth Circuit panel’s decision in PCMA v. Mulready. On May 10, 2024, Glen Mulready, the Oklahoma Insurance Commissioner, asked the Supreme Court to review the case, and reverse the Tenth Circuit’s decision that ERISA preempted portions of Oklahoma’s Patients’ Right to Pharmacy Choice Act (as discussed below). Mr. Mulready argued that the Tenth Circuit’s decision was not consistent with the Supreme Court’s prior decisions and another appeals court opinion, creating a split among the Circuits. In connection with Mr. Mulready’s request, the Supreme Court asked the U.S. Solicitor General’s office to provide its view of the case on behalf of the government, which it provided on May 27, 2025. In its brief, the government asked the Supreme Court to deny any further review of the Mulready case, arguing that the ERISA preemption question did not warrant further review by the Supreme Court, because the Tenth Circuit correctly determined that the provisions of the Oklahoma law were preempted by ERISA. The Supreme Court’s denial of Mulready’s request for review is good news for self-funded ERISA plan sponsors, as it means that the Tenth Circuit’s ruling in favor of ERISA preemption remains in place.