Alliance Files Amicus Briefs in Ongoing Inflation Reduction Act Litigation

The Alliance today filed amicus briefs for consideration in legislation concerning the legality of certain provisions of the Inflation Reduction Act (IRA). The Alliance’s brief was filed on a neutral basis and does not take a position on the merits or constitutionality of the plaintiffs’ legal claims.

An amicus brief comes from a third-party and provides information and context to the court as they evaluate ongoing litigation. The Alliance’s amicus filing discusses unintended consequences likely to occur as a result of the IRA unless proactively remedied, including:

• The use of additional utilization management by insurers as a result of Part D redesign,
• The Medicare program’s assertion that the agency can use the quality adjusted life year and related metrics – which have discriminatory impacts on older adults and people with disabilities – in establishing prices, and
• The lack of a meaningful, transparent process in implementing the Medicare Drug Price Negotiation Program.

The amicus brief was filed for four cases for which oral arguments will be made together in the United States District Court for the District of New Jersey on March 7, 2024. The cases for which the amicus has been filed are:

• Novo Nordisk v. Becerra;
• Bristol Myers Squibb, Inc. v. Becerra;
• Novartis Pharmaceuticals Corporation v. Becerra, and
• Janssen Pharmaceuticals, Inc. v. Becerra