'Constitutional arguments fail': Government lawyers slam suits from Bristol Myers, Janssen over drug price negotiations
While stressing that the new government price negotiation program is strictly voluntary, government lawyers made clear in a New Jersey federal court brief filed last night that both Bristol Myers Squibb and Janssen’s primary legal theory — that the program represents a “physical” taking of their property — is untenable under the same Supreme Court cases that the companies invoke.
The court filing, which again lays out HHS’ defense, comes as almost a dozen pharma companies have now filed suit over the Inflation Reduction Act’s drug price negotiations in various courts across the country. Earlier this month a federal judge sided with HHS in saying the negotiation timeline can proceed, thus blocking an effort by the US Chamber of Commerce to stop the negotiations before they start.
Unlock this article instantly by becoming a free subscriber.
You’ll get access to free articles each month, plus you can customize what newsletters get delivered to your inbox each week, including breaking news.