What To Expect As IRA Legal Challenges Mount
US Chamber Of Commerce Suit Raises New Arguments
Second lawsuit filed against the IRA is not brought by an industry insider, which may reduce the focus on the drug pricing elements of the new Medicare program and highlight the free enterprise principles at stake, potentially putting the case on a more popular footing.
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Ahead of Friday’s hearing on US Chamber of Commerce's suit against HHS, attorneys discuss potential remedies and carveouts to Inflation Reduction Act's drug price negotiation provisions, harms to industry that may support a preliminary injunction, and what would prompt Supreme Court review.
A case involving a tax that was an “exceedingly heavy burden” and played into the Supreme Court’s original ruling on the ACA could reemerge once the IRA challenge reaches the high court.
Complaint seeks permanent injunction to require drug pricing program to give stakeholders opportunity to comment on the process and make decisions subject to judicial review.