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

Pending petition

Docket No. Op. BelowArgument Opinion Vote Author Term
25-799 2d Cir. TBD TBD TBD TBD TBD

Issue: 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 because 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.

DateProceedings and Orders (key to color coding)
09/25/2025Application (25A357) to extend the time to file a petition for a writ of certiorari from November 5, 2025 to January 4, 2026, submitted to Justice Sotomayor.
09/29/2025Application (25A357) granted by Justice Sotomayor extending the time to file until January 5, 2026.
01/05/2026Petition for a writ of certiorari filed. (Response due February 6, 2026)
01/30/2026Motion to extend the time to file a response from February 6, 2026 to March 9, 2026, submitted to The Clerk.
02/02/2026Motion to extend the time to file a response is granted and the time is extended to and including March 9, 2026.
02/06/2026Brief amicus curiae of Chamber of Commerce of the United States of America filed.
03/02/2026Motion to extend the time to file a response from March 9, 2026 to April 8, 2026, submitted to The Clerk.
03/03/2026Motion to extend the time to file a response is granted and the time is further extended to and including April 8, 2026.
04/08/2026Brief of respondents Department of Health and Human Services, et al. in opposition filed.