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Center for American Progress

CAP Files Amicus Curiae Briefs Highlighting Importance of the Inflation Reduction Act in Lowering Drug Prices
Article

CAP Files Amicus Curiae Briefs Highlighting Importance of the Inflation Reduction Act in Lowering Drug Prices

These briefs emphasize the benefits of the Inflation Reduction Act’s Medicare prescription drug price negotiation program for affordability and health equity.

Note: The Center for American Progress is represented in these matters by Hannah Brennan and Sophia Weaver of Hagens Berman Sobol Shapiro LLP.

The Inflation Reduction Act made historic inroads into lowering Medicare prescription drug prices. This includes empowering the secretary of health and human services to directly negotiate drug prices on behalf of the Medicare program. Pharmaceutical companies across the industry—in an attempt to safeguard profits and retain the ability to set drug prices as high as the market will bear—are suing to block that authority.

On December 22, 2023, CAP, joined by the NAACP, filed an amicus brief in response to one such case, Boehringer Ingelheim Pharmaceuticals Inc. v. U.S. Department of Health and Human Services et al., to underscore how critical Medicare drug price negotiation is to improving beneficiary access and affordability for Medicare Part D drugs.

On January 19, 2024, CAP, joined by The Century Foundation and UnidosUS Action Fund, filed an amicus brief in response to a second case, Novartis Pharmaceuticals Corporation v. Becerra et al.

On February 2, 2024, CAP, joined by the NAACP, The Century Foundation, and UnidosUS Action Fund, filed an amicus brief in response to a third case, Novo Nordisk Inc. et al. v. Becerra et al. In addition to addressing the benefits of Medicare drug price negotiation, this brief elevates the importance of Congress delegating the implementation of complex laws such as the Inflation Reduction Act to federal agencies—which have the expertise required to do so effectively.

Each brief emphasizes how significant the impacts of Medicare drug price negotiation will be for racial and ethnic minorities, women, older adults, the LGBTQI+ community, and disabled people, and emphasizes the centrality of lowering prescription drug costs to advancing health equity.

Click here to read the Boehringer Ingelheim amicus brief.

Click here to read the Novartis amicus brief.

Click here to read the Novo Nordisk amicus brief.

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Authors

Sophia Weaver

Associate

Hagens Berman Sobol Shapiro LLP

Marquisha Johns

Associate Director, Public Health

Center For American Progress

Andrea Ducas

Vice President, Health Policy

Center For American Progress

Jamie Crooks

Managing Partner

Fairmark Partners LLP

Devon Ombres

Senior Director, Courts and Legal Policy

Center For American Progress

Ben Olinsky

Senior Vice President, Structural Reform and Governance; Senior Fellow

Center For American Progress

Team

Health Policy

The Health Policy team advances health coverage, health care access and affordability, public health and equity, social determinants of health, and quality and efficiency in health care payment and delivery.

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