- Docket No.
- 24-2968
- Appellate Court
- Third Circuit
Goal
- Block government from enforcing results of negotiation
- Declaration that provisions are unconstitutional
Issues
Case History
Litigation Content
Why this Matters:
The plaintiff argues that the Inflation Reduction Act’s Medicare drug negotiation process violates the First Amendment, the Takings Clause of the Fifth Amendment, and the Excessive Fines Clause. 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.
16 Major Filings
- REPLY BRIEF OF APPELLANT NOVARTIS PHARMACEUTICALS CORP (Mar 12, 2025)
- BRIEF OF AMICI CURIAE AARP, AARP FOUNDATION, JUSTICE IN AGING, THE CENTER FOR MEDICARE ADVOCACY, AND THE MEDICARE RIGHTS CENTER IN SUPPORT OF DEFENDANT- APPELEE AND URGING AFFIRMANCE (Feb 26, 2025)
- BRIEF OF AMICUS CURIAE ABRAMS INSTITUTE FOR FREEDOM OF EXPRESSION IN SUPPORT OF APPELLEES AND AFFIRMANCE (Feb 26, 2025)
- BRIEF OF NATIONALLY RECOGNIZED HEALTHCARE AND MEDICARE EXPERTS AS AMICI CURIAE IN SUPPORT OF DEFENDANTS-APPELLEES (Feb 26, 2025)
- AMICUS BRIEF OF PATIENTS FOR AFFORDABLE DRUGS IN SUPPORT OF DEFENDANTS-APPELLEES (Feb 26, 2025)
- BRIEF OF CONSTITUTIONAL ACCOUNTABILITY CENTER AS AMICUS CURIAE IN SUPPORT OF DEFENDANTS-APPELLEES (Feb 26, 2025)
- BRIEF OF AMICI CURIAE PUBLIC CITIZEN, DOCTORS FOR AMERICA, FAMILIES USA, AND PROTECT OUR CARE IN SUPPORT OF APPELLEES AND AFFIRMANCE (Feb 26, 2025)
- BRIEF OF CENTER FOR AMERICAN PROGRESS, UNIDOS US ACTION FUND, AND THE CENTURY FOUNDATION AS AMICUS CURIAE IN SUPPORT OF APPELLEES AND AFFIRMANCE (Feb 25, 2025)
- BRIEF OF LAW SCHOLARS AS AMICUS CURIAE IN SUPPORT OF APPELLEES AND AFFIRMANCE (Feb 25, 2025)
- APPELLANT NOVARTIS’S REQUEST FOR ORAL ARGUMENT AND UNOPPOSED MOTION TO SCHEDULE ARGUMENT (Feb 21, 2025)
- AMICUS BRIEF (APHA et al.) (Feb 21, 2025)
- BRIEF FOR APPELLEES (Feb 19, 2025)
- TEXT ORDER (Jan 14, 2025)
- UNOPPOSED MOTION FOR EXTENSION (Jan 10, 2025)
- BRIEF OF APPELLANT NOVARTIS PHARMACEUTICALS CORP. (Dec 30, 2024)
- BRIEFING SCHEDULE (Nov 21, 2024)