Current:Home > MyAn appeals court has revived a challenge to President Biden’s Medicare drug price reduction program-Angel Dreamer Wealth Society D1 Reviews & Insights
An appeals court has revived a challenge to President Biden’s Medicare drug price reduction program
View Date:2024-12-23 17:08:54
NEW ORLEANS (AP) — A constitutional challenge to the Biden administration program enabling Medicare to negotiate lower prices for widely used prescription drugs was revived by a federal appeals court in New Orleans in a 2-1 decision Friday.
Congress created the program as part of the Inflation Reduction Act passed in 2022. The first 10 drugs targeted for negotiations were announced last year, and new prices, agreed upon last month, are set to take effect in 2026.
Friday’s ruling was handed down by the 5th U.S. Circuit Court of Appeals. It does not derail the program, but the ruling sends the case back for further consideration by the Texas-based federal district court that tossed it in February. And it means the case is likely to wind up back before the conservative-dominated appeals court where opponents of President Joe Biden’s initiatives often pursue challenges on issues ranging from abortion access to immigration to gun rights..
The lead plaintiff in the lawsuit is the National Infusion Center Association, which filed as a representative of the Pharmaceutical Research and Manufacturers of America (PhRMA) and the Global Colon Cancer Association.
Among their arguments is that Congress lacked constitutional authority to delegate Medicare pricing authority to an executive branch department.
The district court said the federal Medicare Act requires such claims to first be channeled through the Department of Health and Human Services. But 5th Circuit Judge Jennifer Walker Elrod wrote that the claim was brought under the IRA, not the Medicare Act. Elrod, who was nominated to the 5th Circuit by former President George W. Bush, wrote on behalf of herself and Judge Kyle Duncan, nominated by former President Donald Trump.
In a dissent, Judge Irma Ramirez, nominated by President Joe Biden, said the lawsuit was properly dismissed and that the Medicare Act “provides the standing and substantive basis” of the National Infusion Center Association’s claims.
The Department of Health and Human Services declined comment.
PhRMA released a statement applauding the ruling: “We are pleased the Fifth Circuit agreed that the merits of our lawsuit challenging the IRA’s drug pricing provisions should be heard.”
The advocacy group AARP was critical of the lawsuit. “Any efforts to stop the drug negotiation program in its tracks risks the wellbeing of millions of older adults in the country who have waited far too long to afford medicine,” the organization said in an emailed release.
veryGood! (4253)
Related
- 3 Iraqis tortured at Abu Ghraib win $42M judgement against defense contractor
- Rachel Bilson Reflects on Feud With Whoopi Goldberg Over Men’s Sex Lives
- Body of duck hunter recovered from Alabama lake 2 days after his kayak capsized
- EPA Begins a Review Process That Could Bring an End to Toxic, Flammable Vinyl Chloride
- These Michael Kors’ Designer Handbags Are All Under $150 With an Extra 22% off for Singles’ Day
- 'Manifestation of worst fear': They lost a child to stillbirth. No one knew what to say.
- Wisconsin DNR preps 2024 grant program for small water systems to deal with PFAS contamination
- How can Catholic priests bless same-sex unions?
- Kansas basketball vs Michigan State live score updates, highlights, how to watch Champions Classic
- Ottawa Senators fire coach D.J. Smith, name Jacques Martin interim coach
Ranking
- New Mexico secretary of state says she’s experiencing harassment after the election
- CIA director William Burns meets Israel's Mossad chief in Europe in renewed push to free Gaza hostages
- Jonathan Majors dropped by Marvel Studios after being found guilty of assaulting ex-girlfriend
- A Rwandan doctor in France faces 30 years in prison for alleged role in his country’s 1994 genocide
- ‘Maybe Happy Ending’ review: Darren Criss shines in one of the best musicals in years
- Michigan man arrested in 1980 slaying of young woman whose body was found at state game area
- Shawn Johnson and Andrew East Have a Golden Reaction to Welcoming Baby No. 3
- Japan’s central bank keeps its negative interest rate unchanged, says it’s watching wage trends
Recommendation
-
We Can Tell You How to Get to Sesame Street—and Even More Secrets About the Beloved Show
-
An order blocking enforcement of Ohio’s abortion ban stands after the high court dismissed an appeal
-
Texas police: Suspect hit pedestrian mistaken for a deer, drove 38 miles with body in car
-
Sudan’s conflict reaches a key city that had been a haven for many. Aid groups suspend work or flee
-
Trump's election has women swearing off sex with men. It's called the 4B movement.
-
Meghan Markle Reveals the One Gift Budding Photographer Archie Won't Be Getting for Christmas
-
Mining company agrees with court decision ordering Guatemala to grant property rights to community
-
Tiger's son Charlie Woods makes splash at PNC Championship. See highlights from his career