No. 25-799

Boehringer Ingelheim Pharmaceuticals, Inc. v. Department of Health and Human Services, et al.

Lower Court: Second Circuit
Docketed: 2026-01-07
Status: Pending
Type: Paid
Amici (1) Experienced Counsel
Tags: due-process economic-coercion fifth-amendment first-amendment medicare-negotiation property-rights
Key Terms:
SocialSecurity DueProcess FifthAmendment FirstAmendment Takings Securities
Latest Conference: N/A
Question Presented (AI Summary)

Is the Medicare Drug Price Negotiation Program immune from constitutional scrutiny due to economic coercion, and does it unconstitutionally condition Medicare participation on surrendering protected rights?

Docket Entries

2026-02-06
Amicus brief of Chamber of Commerce of the United States of America submitted.
2026-02-06
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
2026-02-02
Motion to extend the time to file a response is granted and the time is extended to and including March 9, 2026.
2026-01-30
Motion of United States Department of Health and Human Services, et al. for an extension of time submitted.
2026-01-30
Motion to extend the time to file a response from February 6, 2026 to March 9, 2026, submitted to The Clerk.
2026-01-05
Petition for a writ of certiorari filed. (Response due February 6, 2026)
2025-09-29
Application (25A357) granted by Justice Sotomayor extending the time to file until January 5, 2026.
2025-09-25
Application (25A357) to extend the time to file a petition for a writ of certiorari from November 5, 2025 to January 4, 2026, submitted to Justice Sotomayor.

Attorneys

Boehringer Ingelheim Pharmaceuticals, Inc.
Kevin Franz KingCovington & Burling LLP, Petitioner
Kevin Franz KingCovington & Burling LLP, Petitioner
Kevin Franz KingCovington & Burling LLP, Petitioner
Chamber of Commerce of the United States of America
Kwaku Affawua AkowuahSidley Austin LLP, Amicus
Kwaku Affawua AkowuahSidley Austin LLP, Amicus
Kwaku Affawua AkowuahSidley Austin LLP, Amicus
United States Department of Health and Human Services, et al.
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent