Bristol Myers Squibb Co. v. Becerra et al.

Docket No.
3:23-cv-03335
District Court
New Jersey

Goal

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

Issues

Case History

Why this Matters:

The plaintiff argues 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 (5)

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Related Litigation

Current Status

Decision issued

Legal Issues

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

Amicus Briefs for Neither Party

Alliance for Aging Research

Amicus Briefs for Plaintiff(s)

Fresenius Kabi USA, LLC

Amicus Briefs for Defendant(s)

AARP and AARP Foundation, American Public Health Association et al., Health and Medicare Experts, Constitutional Accountability Center, Law Scholars, Economists and Health Policy Scholars, Abrams Institute for Freedom of Expression

Date Filed
June 16, 2023
Case Type
Civil
Court Type
District Court
Court
New Jersey
Court Division
Trenton
Judge
Quraishi, Zahid N. Appointed By: Joseph R. Biden Jr.
Plaintiff(s)
Bristol Myers Squibb Company
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