Forum
U.S. Supreme Court
Case Status
Pending
Docket Number
Term
2025 Term
Lower Court Opinion
Questions Presented
1. Whether the Anti-Injunction Act (AIA) bars review of any challenge under the Excessive Fines Clause of a civil penalty unconnected to criminal conduct whenever Congress labels it a tax, even when it is effectively unpayable.
2. Whether the Program violates the Fifth Amendment by forcing manufacturers to transfer drugs to third parties at government-dictated prices.
3. Whether the Program violates the First Amendment by coercing manufacturers into expressing the government’s preferred viewpoints on matters of public concern with which the manufacturers disagree.
Case Updates
U.S. Chamber files amicus brief urging Supreme Court to grant petition for certiorari to review Third Circuit decision rejecting constitutional challenge to the drug-price-control provisions of the Inflation Reduction Act.
March 04, 2026
Not only does the Excessive Fines Clause apply to (and invalidate) civil penalties such as the IRA’s extreme “excise tax,” but the Anti-Injunction Act does not bar judicial review of an Excessive Fines Clause claim in this context.
Kwaku A. Akowuah and Seumas G. Macneil of Sidley Austin LLP served as outside counsel.