"But litigation dating back to the 1970s has struck down some of the arguments the industry complaints make. Courts have also typically defended Medicare’s authority as a voluntary program serving beneficiaries and federal agencies’ ability to regulate when they are acting within statutes set by Congress.
The pharmaceutical industry will have to overcome this precedent as they work to get federal judges across the country on their side in challenging a program that is expected to save Medicare roughly $100 billion over 10 years, analysts say.
“The drug companies are throwing spaghetti at the wall, and they’re going to hope that some of it sticks,” said Nicholas Bagley, a professor at the University of Michigan Law School focused on administrative and health law.
“They’re really facing an uphill challenge, because there’s an act of Congress that establishes this program,” Bagley added. “Constitutional challenges to laws” succeed “very rarely,” because “we live in a democracy and Congress has a lot of authority to do what it thinks is in public interest.”
Do you consider Medicare setting a fee schedule as unconstitutional too or just drugs? Should providers be able to charge whatever they want to Medicare patients? What's the difference?
Now I know this current iteration of the "supreme" court doesn't care much for precedent but I don't see big pharma winning here. But hey, at least they got you to back them up..
Doctors get paid more for the types of more difficult services provided. They have a choice to participate or not. They don't have a monopoly or patent or create anything, other doctors will fill the void. Not same with RX biz
I'll just rely on Biden and our govt to cure things
And have u not read about massive drug Shortages for antibiotics and others? What do u think will be the reaction at these pharms Co's? Hope u are stocked up on your Adderall
They are: Eliquis, Jardiance, Xarelto, Januvia, Farxiga, Entresto, Enbrel, Imbruvica, Stelara, and Fiasp and certain other insulins made by Novo Nordisk, including NovoLog.
Once set, the negotiated prices take effect in 2026 – though the drug industry has filed multiple lawsuits seeking to derail the effort.
