Dayton Area Chamber of Commerce et al. v. Kennedy et al.

Docket No.
24-03868
Appellate Court
Sixth Circuit

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 First Amendment, the Due Process Clause of the Fifth Amendment, the Excessive Fines Clause, the Nondelegation Doctrine, and exceeds Congress’s enumerated powers. 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. This appeal addresses whether the district court erred in dismissing the plaintiffs’ case due to improper venue.

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 (3)

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Related Litigation

Current Status

Decision issued

Legal Issues

First Amendment - Free Speech Clause, Fifth Amendment - Due Process Clause, Nondelegation Doctrine, Eighth Amendment - Excessive Fines Clause, Separation of Powers, Tenth Amendment

Amicus Briefs for Plaintiff(s)

National Association of Manufacturers and State Manufacturing Associations; Kentucky Chamber of Commerce and Other State and Local Chambers

Date Filed
October 4, 2024
Case Type
Civil
Court Type
Appellate Court
Court
Sixth Circuit
Judge
Gilman, Ronald L; Davis, Stephanie D; Mathis, Andre B.
Plaintiff(s)
Dayton Area Chamber of Commerce; Ohio Chamber of Commerce; Michigan Chamber of Commerce; Chamber of Commerce of the United States
Lead Counsel For Plaintiff(s)
King & Spalding LLP
Defendant(s)
Robert F. Kennedy Jr.; Department of Health and Human Services; Stephanie Carlton; Centers for Medicare and Medicaid Services
Lead Counsel for Defendant(s)
Government