News and Reports | October 8, 2025
The drug industry has been on a losing streak on this issue, at least in the courtroom. Judges have ruled against pharmaceutical companies at least 15 times since the law governing negotiations went into effect in 2023, according to Patients for Affordable Drugs, which supports letting Medicare negotiate lower drug prices. In its cases, the industry has alleged that the program runs afoul of First Amendment speech protections, the Fifth Amendment requirement that the government follow a fair process before taking property or other rights, and the Eighth Amendment’s prohibition on “excessive” government fines.