The judge noted that drug companies are not forced to participate in Medicare.
“Consequently, their request for immediate preliminary injunctive relief… is denied,” Newman concluded.
Newman also rejected the Biden administration’s request to dismiss the case. Instead, he gave the Chamber of Commerce until October 13 to answer some questions about its argument and the administration until October 27 to renew its motion to dismiss. While the chamber had argued the negotiation program was unconstitutional for multiple reasons, Newman pointed out that drug companies are not forced to participate in Medicare.
“As there is no constitutional right to engage in business with the government, the consequences of that participation cannot be considered a constitutional violation,” he said.“Today’s ruling from the Southern District of Ohio affirms that Medicare will move forward with negotiating lower prices for millions of seniors,” Press Secretary Karine Jean-Pierre
in a statement. “And, the Biden-Harris Administration won’t stop fighting for what we know to be true: that nothing in the Constitution prohibits Medicare from negotiating drug prices.”in August. They included the blood-clot treatment Eliquis, Jardiance, Xarelto, Januvia, Farxiga, Entresto, Enbrel, Imbruvica, Stelara, and several Novo Nordisk insulins, according toWith the injunction blocked, “drug companies should agree to participate in the negotiation program in good faith,” Maybarduk said.
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