Rosen Joins Brief Urging Federal Court to Uphold Medicare’s Ability to Negotiate Lower Prescription Drug Costs

Senator Rosen Has Been A Champion For Lowering Prescription Drug Prices For Nevada Seniors

WASHINGTON, DC – U.S. Senator Jacky Rosen (D-NV) joined Senate colleagues in filing an amicus brief urging a federal court to uphold the constitutionality of Congress allowing Medicare to negotiate lower drug prices for consumers, which she supported last year. Drug manufacturers have sued the federal government to challenge the constitutionality of this legislation. Last month, Medicare announced the first ten prescription drugs to begin negotiations for lower prices.

“At a time when Nevadans have been experiencing inflation and high prices, I fought to deliver financial relief for our seniors by lowering their prescription drug costs,” said Senator Rosen. “By allowing Medicare to negotiate drug prices and cap insulin at $35 a month, we took historic action to deliver for Nevada seniors and we won’t let drug companies try to reverse it.”

An excerpt from the brief is below. The full brief is available HERE.

Merck now attempts to accomplish through judicial action what it could not through the legislative process. Merck’s position in this litigation boils down to the argument that the United States Constitution somehow prohibits the federal government from negotiating the prices of the products it purchases. Merck seeks to prevent reform of a purchasing process that Congress itself made, but now, according to Merck, cannot unmake, or even amend for the benefit of the American public and the American taxpayer. As a matter of constitutional law, that position is baseless. Congress improves laws all the time, and it has the right and indeed the duty to do so. The Program takes nothing from Merck: not its drugs and not its patents. And the Program likewise does not coerce Merck to do or say anything: like every other market participant, it may sell its products at a price the buyer thinks is fair, or it may not.

Senator Rosen has been a leader in fighting to lower costs for hardworking Nevadans. She helped pass the Inflation Reduction Act to help lower costs and put dollars back in the pockets of hard-working Nevadans, which included provisions to: lower health care premiums and lower prescription drug costs for seniors. She also supported the Empowering Medicare Seniors to Negotiate Drug Prices Act, which would allow Medicare to negotiate the best price of prescription drugs for seniors. Last Congress, Senator Rosen introduced the bipartisan Advancing Affordable Medicines for Families Act to examine the impact that nonprofit generic drug companies would have on lowering drug costs, addressing drug shortages, and accelerating the development of new drugs.