Merck & Co sued the U.S. government on Tuesday, seeking to halt the Medicare drug price negotiation program contained in the Inflation Reduction Act (IRA), which it argues violates the Fifth and First Amendments to the U.S. Constitution.
sued the U.S. government on Tuesday, seeking to halt the Medicare drug price negotiation program contained in the Inflation Reduction Act , which it argues violates the Fifth and First Amendments to the U.S. Constitution.
The lawsuit, filed in U.S. District Court for the District of Columbia, argues that under the law, drugmakers would be forced to negotiate prices for drugs at below market rates. Merck filed its suit against the U.S. Department of Health & Human Services and CMS, as well as HHS Secretary Xavier Becerra and CMS Administrator Chiquita Brooks-LaSure.
Robin Feldman, a law professor at UC College of the Law, San Francisco, agreed that Merck will have a heavy lift convincing the courts, but said issues in this area of the law are undecided and the case is likely headed to the Supreme Court.
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