By Brendan Pierson (Reuters) - Drugmakers challenging a Biden administration program requiring them to negotiate with Medicare over the prices of ...
STORY CONTINUES BELOW THESE SALTWIRE VIDEOS - Drugmakers challenging a Biden administration program requiring them to negotiate with Medicare over the prices of selected costly drugs may not have a clear legal precedent on their side, but there are signs they could get a friendly hearing from the U.S. Supreme Court, legal experts said.
Lawrence Gostin, a professor at Georgetown Law who has written publicly in support of the program, said he believed the lawsuits had"very little merit" but could nonetheless be persuasive to the Supreme Court's conservative judges. The drugs are some of the most lucrative on the market, including Bristol Myers Squibb's blood thinner Eliquis, Novartis' heart failure treatment Entresto and AstraZeneca's diabetes drug Farxiga.
The drug companies say that amounts to taking their property - their exclusive right to sell their patent-protected drugs - without just compensation, a violation of the U.S. Constitution's Fifth Amendment. In 2015, the court struck down a Depression-era federal program requiring raisin producers to set aside a portion of their harvest. And in 2021, it ruled that two California fruit companies could not be compelled by state law to allow union organizers on their property.
The drugmakers also say the law forces them to sign contracts stating the negotiated prices are"fair." They say that violates their right to free speech under the First Amendment of the Constitution by compelling them to parrot the government's claim.
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