On July 15, 2024, WLF filed an amicus brief urging the Third Circuit to strike down the Inflation Reduction Act’s “Drug Price Negotiation Program.” As WLF’s brief explains, pharmaceutical manufacturers’ participation in the Program is involuntary; they must participate for between 11 and 23 months under current federal law. Their participation is also involuntary because the alternatives to participation—crippling penalties or exiting Medicare and Medicaid—are not realistic. But even if pharmaceutical manufacturers’ participation were voluntary, the IRA imposes unconstitutional conditions on their participating in Medicare and Medicaid. Finally, WLF’s brief explains how forcing pharmaceutical manufacturers to participate in the Program would reduce innovation and lead to fewer life-saving and life-enhancing drugs on the market.
Documents: