Merck & Co., Inc. et al. v. Becerra et al.

Docket No.
1:23-cv-01615
District Court
District of Columbia

Goal

  • Block enforcement of an agency action
  • Declaration that a law is unlawful
  • Declaration that agency action is unlawful

Issues

Why this Matters:

The plaintiffs argue that the Inflation Reduction Act’s Medicare drug negotiation process violates the First Amendment and the Takings Clause of the Fifth 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 would negate savings to Medicare beneficiaries and taxpayers, and could severely restrict federal regulatory authority in the health care arena. 

News And Analysis (6)

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Related Litigation

Current Status

Briefing is ongoing

Legal Issues

First Amendment - Free Speech Clause, Fifth Amendment - Takings Clause

Amicus Briefs for Neither Party

Economists and Health Policy Scholars

Amicus Briefs for Defendant(s)

AARP and AARP Foundation; Public Citizen et al.; Economists and Scholars of Health Policy; American Public Health Association et al.; Healthcare and Medicare Experts; Senators

Date Filed
June 6, 2023
Case Type
Civil
Court Type
District Court
Court
District of Columbia
Judge
Kollar-Kotelly, Colleen Appointed By: William J. Clinton
Plaintiff(s)
Merck & Co., Inc.; Merck Sharp & Dohme LLC
Lead Counsel For Plaintiff(s)
Jones Day
Defendant(s)
Xavier Becerra, Department of Health & Human Services; Chiquita Brooks-LaSure, Centers for Medicare & Medicaid Services
Lead Counsel for Defendant(s)
Government