Red State Judge Hands Joe Biden Big Win

( – A lawsuit against the Biden administration’s ability to negotiate the prices of drugs within the Medicare program has been thrown out by a federal judge in Texas. The lawsuit was filed by the Pharmaceutical Research and Manufacturers of America (PhRMA), a lobbying group representing the pharmaceutical industry.

This dismissal is a big victory for the Biden administration amidst a series of lawsuits challenging Medicare’s negotiation powers. The ruling was made by Judge David Alan Ezra in the Western District of Texas, and the decision was based on the grounds that the plaintiffs, including PhRMA and the National Infusion Center Association (NICA), lacked any proper legal “standing”.

In this particular case, PhRMA had joined forces with NICA and the Global Colon Cancer Association to challenge the constitutionality of Medicare negotiations, alleging that due process was violated for drug companies. However, Judge Ezra first dismissed NICA from the case, then proceeded to dismiss the entire case.

Nicole Longo, a spokesperson from PhRMA, expressed disappointment over the court’s decision. She emphasized that the dismissal only shows that the judge did not properly review the lawsuit. She indicated that the organization is currently evaluating its options and considering the next steps in their legal strategy.

Regardless, there are still eight additional lawsuits filed by other drug companies and plaintiffs against the Biden administration, showing that the legal battle over Medicare’s pricing negotiations may last a long time. While the federal government has started negotiations with drug companies, the finalization of prices resulting from these negotiations is not expected until 2026.

As the legal landscape surrounding Medicare’s drug price negotiations continues to unfold, the outcome of these lawsuits will significantly impact the pharmaceutical industry’s engagement with the government over drug pricing policies.

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