Merck et al. v. Becerra et al.

Docket No.
1:23-cv-01615
District Court
District of Columbia

Goal

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

Litigation Content

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.