Exploring Merck’s key arguments in its constitutional challenge against the Inflation Reduction Act

In a strong move against the federal government, Merck & Co., based in Kenilworth, New Jersey, has launched a lawsuit against the Inflation Reduction Act (IRA). The firm has retained the services of prominent law firm Jones Day, at times known for its assertive litigation style. In recent years, the firm has also been involved in contentious cases, for instance, representing Volkswagen in its emissions scandal and Donald Trump during his presidential campaigns. In Merck’s opening salvo against the government’s prescription drug pricing program under the Inflation Reduction Act (IRA), the company has fired off a strongly-worded complaint. The suit was filed on June 6 in the U.S. District Court for the District of Columbia against senior federal healthcare officials and agencies including the Secretary of Health and Human Services Xavier Becerra, and the Centers for Medicare & Medicaid Services.

This legal challenge is the latest chapter in Merck’s…

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