HHS argued in court filings on Monday that Merck’s misunderstandings of the Inflation Reduction Act “doom” the company’s legal challenge.
Merck filed suit against the federal government in June, followed by several other manufacturers who have argued that the IRA’s Medicare negotiation provisions violate the Constitution by compelling the companies’ speech, imposing excessive fines, taking private property without due process and fair compensation, and more. The lawsuits, which contain similar arguments, have been filed in a variety of districts in what some legal experts have recognized as a potential strategy to expedite the cases to the Supreme Court.
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