News and Reports | August 27, 2026
Industry’s challenges have now been rejected by the Second, Third, Fifth, and D.C. Circuits.
WASHINGTON, D.C. — Yesterday, the U.S. Court of Appeals for the Fifth Circuit rejected a challenge to the Medicare negotiation program brought by Pharmaceutical Research and Manufacturers of America (PhRMA), the National Infusion Center Association, and the Global Colon Cancer Association — the 25th ruling against Big Pharma and in favor of patients.
PhRMA, the pharmaceutical industry’s trade association, has played a central role in the years-long, multi-million-dollar legal campaign to dismantle Medicare negotiation. In this case, PhRMA argued that the program was unconstitutional and unlawfully penalized drug companies that chose not to participate. A unanimous panel of judges appointed by Presidents Bush, Obama, and Trump rejected those arguments.
In response, Patients For Affordable Drugs CEO Merith Basey released the following statement:
“This fight has always been about power. For decades, the pharmaceutical industry prevented Medicare from negotiating a better deal for American patients and taxpayers.
“The 5th Circuit’s decision marks the 25th courtroom victory for patients and sends a clear message: Medicare Drug Price Negotiation is here to stay. It has been US v Pharma from the beginning — and patients have shown that when we stand together and take on one of the most powerful lobbying forces in Washington, we can win. Now Congress has both the responsibility and an urgent opportunity to build on this overwhelmingly popular program and deliver lower prescription drug prices to even more Americans”
Patients For Affordable Drugs has submitted six amicus briefs in these cases on behalf of patients and signed onto seven briefs led by Public Citizen and supported by Protect Our Care, Doctors for America, and Families USA to support the government’s opposition to the lawsuits and amplify the experiences of patients harmed by high drug prices. You can find more information at fightpharma.org.
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Patients For Affordable Drugs is the only national patient advocacy organization focused exclusively on policies that lower prescription drug prices. We empower and mobilize patients by amplifying their experiences with high drug prices to hold those in power to account and fight to shape and achieve system-changing policies that make prescription drugs affordable for all people in the United States. P4AD does not accept funding from organizations that profit from the development and distribution of drugs. To learn more, visit PatientsForAffordableDrugs.org.