National Infusion Center Association et al. v. Kennedy et al.

Docket No.
25-50661
Appellate Court
Fifth 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 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 (1)

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Related Litigation

Current Status

Briefing is ongoing

Important Date

Oral Argument

Legal Issues

Fifth Amendment - Due Process Clause, Eighth Amendment - Excessive Fines Clause, Nondelegation Doctrine , Separation of Powers

Amicus Briefs for Defendant(s)

Public Citizen, et al.; Altman, et al.; Patients for Affordable Drugs; Frank, et al.

Date Filed
August 15, 2025
Case Type
Civil
Court Type
Appellate Court
Court
Fifth Circuit
Plaintiff(s)
National Infusion Center Association; Global Colon Cancer Association; Pharmaceutical Research and Manufacturers of America
Lead Counsel For Plaintiff(s)
Arnold & Porter Kaye Scholer LLP
Defendant(s)
Robert F. Kennedy; Department of Health and Human Services; Mehmet Oz; Centers for Medicare and Medicaid Services
Lead Counsel for Defendant(s)
Government