ICYMI: Courts Deliver Three Major Legal Wins for Medicare Drug Price Negotiation in Just Two Days

Press Releases | August 8, 2025

WASHINGTON, D.C. — Over the span of just 48 hours, three federal courts delivered resounding defeats to Big Pharma’s legal campaign to overturn the Medicare Drug Price Negotiation Program — marking the 10th, 11th, and 12th rulings in favor of patients and the law that’s set to deliver lower drug prices to 9 million people on Medicare in its first year.

In case you missed it:

  • August 6: The U.S. Court of Appeals for the Sixth Circuit rejected the U.S. Chamber of Commerce’s challenge to the program, finding the Chamber lacked standing and calling out their “venue shopping” and attempts to “manipulate the system.”

  • August 7: The U.S. Court of Appeals for the Second Circuit unanimously upheld the constitutionality of Medicare negotiation in a case brought by Boehringer Ingelheim, reinforcing that participation in the program is voluntary and that pharmaceutical companies cannot claim constitutional violations just because they dislike the terms of doing business with the government.

  • August 7: The U.S. District Court for the Western District of Texas rejected a constitutional challenge from PhRMA, the Global Colon Cancer Association, and the National Infusion Center Association, affirming that the program is a lawful and appropriate exercise of congressional authority.

Together, these three rulings represent a strong judicial affirmation that the Medicare Drug Price Negotiation Program is here to stay, and that Big Pharma’s legal arguments are meritless. Despite spending millions on lawyers and public relations to protect their monopoly pricing power, the pharmaceutical industry has failed time and again in court.

As P4AD Executive Director Merith Basey put it: “It’s the U.S. versus Pharma — and the courts are siding with patients.”

Patients For Affordable Drugs has submitted four amicus briefs, including in the Boehringer case, and signed onto seven others to ensure patients’ voices are heard and to support the government’s defense of this extremely popular, life-changing program.

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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.