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Boehringer Ingelheim Pharmaceuticals, Inc. v. Department of Health and Human Services

Pending Petition
Docket No.25-799
Op. Below2d Cir.

Issue

(1) Whether the Medicare Drug Price Negotiation Program, established by the Inflation Reduction Act of 2022, is immune from scrutiny under the First and Fifth Amendments although it relies on economic coercion to secure participation; and (2) whether the program unconstitutionally conditions Medicare and Medicaid participation on manufacturers giving up their constitutionally protected speech, property, and due process rights.

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