Questions Presented
1. Is the separation of powers violated when an agency exercises sweeping price-setting and rulemaking authority with no constraints to ensure that it acts reasonably and within lawful bounds?
2. Is the federal government permitted to sidestep all constitutional constraints in the course of dictating the price of pharmaceutical sales made to a huge segment of the American population when such pricing is dictated in connection with a government funded financial-assistance program, like Medicare?
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 Inflation Reduction Act’s drug-price-control provisions
January 28, 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 served as outside counsel.