AstraZeneca Pharmaceuticals LP et al. v. Becerra et al.

Docket No.
1:23-cv-00931
District Court
Delaware

Goal

  • Block enforcement of a law
  • Declaration that a law is unlawful

Issues

Case History

Why this Matters:

The plaintiffs argue that the Inflation Reduction Act’s Medicare drug negotiation process violates the Administrative Procedure Act and Due Process 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 (7)

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Related Litigation

Current Status

Decision issued

Legal Issues

Administrative Procedure Act - Arbitrary and Capricious, Administrative Procedure Act - Lack of Statutory Authority, Administrative Procedure Act - Contrary to Law, Fifth Amendment - Due Process Clause

Amicus Briefs for Defendant(s)

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

Date Filed
August 25, 2023
Case Type
Civil
Court Type
District Court
Court
Delaware
Judge
Connolly, Colm F. Appointed By: Donald Trump
Plaintiff(s)
AstraZeneca Pharmaceuticals LP; AstraZeneca AB
Lead Counsel For Plaintiff(s)
McCarter & English, LLP
Defendant(s)
Xavier Becerra, Chiquita Brooks-LaSure
Lead Counsel for Defendant(s)
Government