Novo Nordisk Inc. et al. v. Department of Health and Human Services et al.

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. In this appeal, the Plaintiffs argue that the district court erred in finding that the Centers for Medicare and Medicaid Services’ actions were lawful. 

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.