Pharmaceutical Research and Manufacturers of America v. O’Day
Pending Petition
Issue
(1) Whether a government reporting requirement is subject to intermediate First Amendment scrutiny, and satisfies such scrutiny, so long as it aims to correct “information asymmetries” that are “product-specific”; and (2) whether entities that operate in “highly regulated” industries categorically lack reasonable investment-backed expectations in their trade secrets for purposes of the takings clause.
Jan 8, 2026Application (25A806) to extend the time to file a petition for a writ of certiorari from January 21, 2026 to February 20, 2026, submitted to Justice Kagan.
Jan 12, 2026Application (25A806) granted by Justice Kagan extending the time to file until February 20, 2026.
Feb 20, 2026Petition for a writ of certiorari filed. (Response due March 26, 2026)Mar 16, 2026Waiver of right of respondent Sean O'Day, in his official capacity as Director of the Oregon Department of Consumer and Business Services to respond filed.Mar 25, 2026DISTRIBUTED for Conference of 4/17/2026.
Mar 26, 2026Brief amicus curiae of X.AI, LLC filed.Mar 30, 2026Response Requested. (Due April 29, 2026)
Recommended Citation: Pharmaceutical Research and Manufacturers of America v. O’Day, SCOTUSblog, https://www.scotusblog.com/cases/phrma-v-oday/