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

Docket No.
3:23-cv-00156
District Court
Ohio Southern

Goal

  • Block government from enforcing results of negotiation
  • Declaration that provisions are unconstitutional

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. 

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