- Docket No.
- 1:23-cv-00707
- District Court
- Texas Western
Goal
- Block government from enforcing results of negotiation
- Declaration that provisions are unconstitutional
Issues
Case History
Litigation Content
Why this Matters:
The plaintiffs argue that the Inflation Reduction Act’s Medicare drug negotiation process violates the Due Process Clause of the Fifth Amendment, Excessive Fines Clause, separation of powers, and the Nondelegation Doctrine. 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)
18 Major Filings
- NOTICE OF APPEAL (Mar 6, 2024)
- ORDER GRANTING DEFENDANTS' MOTION TO DISMISS (Feb 12, 2024)
- PLAINTIFFS’ MOTION FOR LEAVE TO FILE THEIR RESPONSE TO DEFENDANTS’ NOTICE OF SUPPLEMENTAL AUTHORITY (Nov 7, 2023)
- DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITY (Nov 2, 2023)
- REPLY IN SUPPORT OF MOTION TO DISMISS (Oct 13, 2023)
- OPPOSITION to MOTION to DISMISS (Sep 25, 2023)
- ORDER ON MOTION TO VACATE (Sep 11, 2023)
- ORDER Granting Motion for Extension of Time to File (Sep 8, 2023)
- REPLY IN SUPPORT OF MOTION TO VACATE SCHEDULING ORDER (Sep 1, 2023)
- OPPOSITION TO MOTION TO VACATE SCHEDULING ORDER (Aug 31, 2023)
- MOTION TO VACATE SCHEDULING ORDER (Aug 29, 2023)
- MOTION FOR LEAVE TO FILE AMICUS BRIEF Fresenius Kabi (Aug 28, 2023)
- MOTION TO DISMISS (Aug 28, 2023)
- AMICUS BRIEF Biosimilars Forum (Aug 25, 2023)
- Plaintiffs' MOTION for SUMMARY JUDGMENT (Aug 10, 2023)
- ORDER (Aug 2, 2023)
- JOINT MOTION to Set Briefing Schedule (Aug 1, 2023)
- COMPLAINT (Jun 21, 2023)