Rosen, Colleagues File Amicus Brief Urging Court to Uphold Medicare’s Ability to Negotiate Lower Prescription Drug Prices

WASHINGTON, D.C. - U.S. Senator Jacky Rosen (D-NV) joined Senate colleagues in filing an amicus brief supporting the federal law they helped pass to give Medicare the power to negotiate for lower prescription drug prices. The brief, which was filed in AstraZeneca Pharmaceuticals v. Becerra; Bristol Myers Squibb Co. v. Becerra; and Janssen Pharmaceuticals, Inc. v. Becerra, urges the United States Court of Appeals for the Third Circuit to uphold the constitutionality of Congress allowing Medicare to negotiate lower drug prices for consumers. The brief argues that the Constitution empowers Congress to enact policy reforms and improve federal programs.

"Appellants now attempt to accomplish through judicial action what they could not through the legislative process. Appellants' position in this litigation boils down to the argument that the United States Constitution prohibits the federal government from negotiating the prices of the products it purchases," wrote the Senators. "Appellants seek to prevent reform of a purchasing process that Congress itself made. They argue that Congress, having created this process, now cannot unmake the process or even amend it for the benefit of the American public and the American taxpayer."

"As the Appellees' brief ably explains, the Appellants' position is wrong as a matter of constitutional law. Congress improves laws all the time. Congress has the right and indeed the duty to do so," they continued. "The Program takes nothing from the pharmaceutical industry-not its drugs and not its patents. The Program does not coerce industry participants to do or say anything. Like every other market participant, manufacturers may sell their products at prices buyers think is fair (or not fair) and buyers may make market choices in turn."

The Senators conclude by asking the U.S. Court of Appeals for the Third Circuit to affirm that there has been no constitutional violation in allowing Medicare to negotiate lower drug prices for consumers.

The lawmakers' amicus brief to the U.S. Court of Appeals for the Third Circuit can be read in full HERE.

Senator Rosen has been leading the fight to lower prescription drug costs. Earlier this year, she introduced bipartisan legislation to lower out-of-pocket prescription drug costs for seniors. Senator Rosen also announced that starting this year, Nevada seniors will have their annual out-of-pocket costs for brand-name prescription drugs effectively capped at $3,300 a year as a result of the legislation she helped pass. Thanks to the Inflation Reduction Act, Senator Rosen helped lower prescription drug costs for seniors, lower health care premiums, and cap the insulin costs for those on Medicare Part D at $35/month per prescription.

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