AbbVie Inc. v. Department of Health and Human Services et al.

Why This Matters:

The Plaintiff argues that the selection of its drug for negotiation under the Inflation Reduction Act’s Medicare drug negotiation program violates the Administrative Procedure Act, the Takings Clause of the Fifth Amendment, the Due Process Clause of the Fifth Amendment, and the Free Speech Clause of the First Amendment. Medicare’s authority to negotiate the price of certain single-source, high-priced drugs is estimated to result in substantial savings for Medicare beneficiaries and the federal government.

Potential Impact:

Successful challenges to Medicare’s negotiation authority under the Inflation Reduction Act would reduce savings for Medicare beneficiaries and taxpayers and could severely restrict federal regulatory authority in the health care sector.