Forum
U.S. Supreme Court
Case Status
Pending
Docket Number
Lower Court Opinion
Questions Presented
1. Is the IRA Medicare Drug Price Negotiation Program immune from scrutiny under the First and Fifth Amendments because it relies on economic coercion to secure participation?
2. Does the Program unconstitutionally condition Medicare and Medicaid participation on manufacturers giving up their constitutionally protected speech, property, and due process rights?
Case Updates
U.S. Chamber files amicus brief urging Supreme Court to grant petition for certiorari to review Second Circuit decision rejecting constitutional challenge to the Inflation Reduction Act’s drug-price-control provisions
February 06, 2026
As the brief explains, the price “negotiations” compelled by the IRA are illusory; the statute uses crippling penalties and other tools to coerce manufacturers to sell their property to third parties at below-market prices.
Kwaku A. Akowuah and Seumas G. Macneil of Sidley Austin LLP serve as outside counsel.