Biden Sued by Chamber of Commerce

Gage Skidmore from Surprise, AZ, United States of America, CC BY-SA 2.0 , via Wikimedia Commons

( – The U.S. Chamber of Commerce recently announced its intention to file a lawsuit against the Biden administration regarding the Medicare price negotiation provisions included in the Inflation Reduction Act. This move comes after Merck previously challenged these provisions by filing a lawsuit earlier in the week.

According to the Chamber of Commerce, allowing the government to control prices would have negative consequences for patients. They argue that it would limit access to medication and impede American innovation. Furthermore, they assert that these provisions infringe upon the Constitution’s principles of free enterprise.

The Chamber’s complaint also contends that the Medicare Drug Price Negotiation Program violates the separation of powers established for the federal government. Consequently, they have filed the lawsuit against the Department of Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS).

Similar to Merck’s lawsuit, the Chamber of Commerce claims that the Inflation Reduction Act violates the First and Fifth Amendments of the Constitution, specifically the provision that private property cannot be taken for public use without just compensation. They also argue that the existence of penalties for non-compliance with the negotiation process violates the Eighth Amendment.

The Chamber of Commerce is seeking a court order to completely block HHS from implementing the price negotiation program, citing its alleged unconstitutionality. In response, an HHS spokesperson stated their commitment to defending the program, emphasizing its positive impact on reducing healthcare costs for seniors and individuals with disabilities. They also asserted that the law is on their side.

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