- Docket No.
- 24-02510
- Appellate Court
- Third Circuit
Goal
- Declaration that CMS guidance is unconstitutional and violates the APA
- Declaration that the IRA is unconstitutional and violates the Due Process Clause
- Enjoin defendants from implementing the law
Issues
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, the Nondelegation Doctrine, the Administrative Procedure Act, and exceeds statutory authority. 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 (10)
16 Major Filings
- REPLY IN SUPPORT OF MOTION TO EXPEDITE (Feb 6, 2025)
- RESPONSE OF THE UNITED STATES TO MOTION TO EXPEDITE (Feb 3, 2025)
- APPELLANTS’ MOTION TO EXPEDITE ORAL ARGUMENT AND DECISION (Jan 27, 2025)
- REPLY BRIEF FOR APPELLANTS (Jan 3, 2025)
- AMICUS BRIEF (U.S. Senators) (Dec 23, 2024)
- AMICUS BRIEF (Abrams Institute for Freedom of Expression) (Dec 23, 2024)
- AMICUS BRIEF (Medicare Experts) (Dec 20, 2024)
- AMICUS BRIEF (AARP et al.) (Dec 20, 2024)
- AMICUS BRIEF (Patients for Affordable Drugs) (Dec 19, 2024)
- AMICUS BRIEF (American Public Health Association et al.) (Dec 17, 2024)
- BRIEF FOR APPELLEES (Dec 16, 2024)
- AMICUS BRIEF (Center for American Progress et al.) (Dec 13, 2024)
- AMICUS BRIEF (Law Scholars) (Dec 13, 2024)
- OPENING BRIEF FOR APPELLANTS (Oct 15, 2024)
- BRIEFING AND SCHEDULING ORDER (Sep 16, 2024)
- NOTICE OF APPEAL (Aug 19, 2024)