- Docket No.
- 3:23-cv-00156
- District Court
- Ohio Southern
Goal
- Block government from enforcing results of negotiation
- Declaration that provisions are unconstitutional
Issues
Litigation Content
Why this Matters:
The plaintiffs argue that the Inflation Reduction Act’s Medicare drug negotiation process violates the First Amendment, Due Process Clause of the Fifth Amendment, 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.
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 (4)
12 Major Filings
- REPLY IN SUPPORT OF MOTION TO DISMISS (Sep 8, 2023)
- ORDER Regarding Oral Argument (Sep 7, 2023)
- RECUSAL ORDER (Sep 1, 2023)
- OPPOSITION to MOTION TO DISMISS (Aug 25, 2023)
- REPLY in SUPPORT of MOTION FOR PRELIMINARY INJUNCTION (Aug 25, 2023)
- MOTION FOR LEAVE TO FILE AMICUS CURIAE MEMORANDUM_AARP and AARP Foundation (Aug 18, 2023)
- MOTION FOR LEAVE TO FILE MEMORANDUM AS AMICI CURIAE_Public Citizen (Aug 14, 2023)
- Defendants' OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION (Aug 11, 2023)
- Defendants' MOTION TO DISMISS (Aug 11, 2023)
- ORDER SETTING BRIEFING SCHEDULE (Jul 27, 2023)
- MOTION for Preliminary Injunction (Jul 12, 2023)
- COMPLAINT (Jun 9, 2023)