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Hardkill

Drugmakers are suing to block Medicare from negotiating drug prices

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After Biden and the Democrats in Congress passed the IRA last year, Medicare was granted the power to negotiate prescription drug prices for the first time ever in US history. This measure is undoubtedly considered to be a popular policy amongst the American people. 

However, Big Pharma and the US Chamber of Commerce are doing everything they can to try to convince the courts that allowing Medicare to "control prices" of drugs is unconstitutional. 

Yet, legal experts say that the arguments the challengers are making are thin. Medicare won't actually just set the prices of drugs unilaterally. It will instead engage in fair negotiation of the prices. Plus, "drugmakers don’t have to participate in the negotiations so the federal government is not forcing them to turn over their patented medications, said S. Sean Tu, a law professor at West Virginia University. Medicare is a market created by the federal government, and it doesn’t have to give drugmakers access, he continued."

Moreover, Medicare will only be able to negotiate up to about 100 drugs over a period of several years starting around 2026.

https://www.cnn.com/2023/06/15/politics/medicare-drug-price-negotiations-lawsuits/index.html

Will the business-friendly federal level courts kill this provision even though it was passed into law by both POTUS and Congress through a totally legitimate legislative process and is definitely constitutional?

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