Legal experts say some IRA challenges are 'weaker than others'
Drugmakers have cited a range of constitutional challenges in their broad fight to block the Medicare negotiation provisions of the Inflation Reduction Act, some of which “are weaker than others,” according to legal experts.
The new law requires drugmakers to participate in Medicare price negotiations, or else pay a steep fine or risk losing Medicare and Medicaid coverage for their therapies. Merck was the first to sue the federal government in June, followed by a handful of other manufacturers, PhRMA and the Chamber of Commerce. The arguments have said the IRA violates several amendments by compelling the companies’ speech, imposing excessive fines, taking private property without due process and fair compensation, and more.
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.