Baldwin Joins Amicus Brief Against Big Pharma, In Support of Medicare Negotiating Lower Prescription Drug Costs

WASHINGTON, D.C. – Today, U.S. Senator Tammy Baldwin (D-WI) joined thirteen of her colleagues in filing an amicus brief in Merck & Co. v. Becerra in the District Court for the District of Columbia urging the federal court to uphold the constitutionality of Congress allowing Medicare to negotiate lower drug prices for consumers.

“I’ve heard from too many Wisconsin seniors who have been forced to ration or forgo the medications they need to stay healthy because of the cost of their prescriptions, all while big drug companies like Merck turn record profits. I was proud to support the Inflation Reduction Act, which finally gave Medicare the power to negotiate for better prices on behalf of the 50 million seniors who rely on the program, and now we must defend that progress,” said Senator Baldwin. “I am proud to stand with my colleagues and the 9 in 10 Americans who support this provision to lower costs for seniors, stand up to big Pharma, and bring some overdue transparency to drug pricing for all Americans.”

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.

The Baldwin-backed Inflation Reduction Act (IRA) allows Medicare to negotiate the price of dozens of drugs with manufacturers for the first time ever, which will cut out-of-pocket costs for seniors, save American taxpayers billions of dollars, and reduce the deficit. In August, the Biden Administration announced the first 10 drugs selected for Medicare price negotiation under the IRA. In 2022 alone, approximately 9 million seniors and other Medicare beneficiaries spent over $3.4 billion out-of-pocket on the 10 drugs selected for negotiation.

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