Boehringer Ingelheim Pharmaceuticals, Inc. v. Department of Health and Human Services et al.

Why this Matters:

The Plaintiff argues that the Inflation Reduction Act’s Medicare drug negotiation process violates the Due Process Clause of the Fifth Amendment, Takings Clause of the Fifth Amendment, First Amendment, Eighth Amendment, Unconstitutional Conditions doctrine, and the Administrative Procedure Act. In this appeal, the Plaintiff argues that the district court erred in finding the drug negotiation process lawful.

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.