Health Affairs  |  June 7, 2023

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After years of legislative failures amidst aggressive industry lobbying, the passage of the Inflation Reduction Act (IRA) finally empowered Medicare to negotiate the price of certain single-source, high-priced drugs. In recent months, and now, with the first lawsuit filed by Merck on June 6, 2023, the pharmaceutical industry has begun to preview a slew of potential constitutional and statutory legal claims that could jeopardize the implementation of the signature health care achievement enacted under the IRA.

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