No. 25A519

Bristol Myers Squibb Company v. Robert F. Kennedy, Secretary of Health and Human Services, et al.

Lower Court: Third Circuit
Docketed: 2025-11-05
Status: Application
Type: A
Experienced Counsel
Tags: constitutional-challenge drug-pricing fifth-amendment first-amendment inflation-reduction-act medicare-drug-negotiation
Latest Conference: N/A
Question Presented (AI Summary)

Whether the Medicare Drug Price Negotiation Program created by the Inflation Reduction Act of 2022 violates the Fifth and First Amendments

Question Presented (OCR Extract)

No question identified. : 2. The time to file a petition for a writ of certiorari will otherwise expire on December 3, 2025. This Application is timely because it has been filed more than ten days prior to the date on which the time for filing is due to expire. 3. Applicant has good cause for an extension of time. This petition involves important issues regarding the constitutionality of the “Medicare Drug Price Negotiation Program” created by the Inflation Reduction Act of 2022, including claims under the Fifth and First Amendments. In light of the other commitments described below, an extension would allow Applicant’s counsel to better develop the arguments in this case and to complete the requisite research and writing. 4. Applicant’s undersigned Counsel of Record faces a demanding schedule of briefs and oral arguments over the next two months, including argument before this Court in NRSC v. FEC (No. 24-621) on December 9, 2025. Counsel of Record also has argument before the Delaware Supreme Court on December 3, 2025, the day the time for filing the petition in this case is due to expire. Other members of the legal team likewise have conflicting professional commitments. 5. Respondents consent to this request. WHEREFORE, Applicant respectfully requests that an order be entered extending the time to file a petition for a writ of certiorari for 16 days, up to and including December 19, 2025. November 3, 2025 Respectfully submitted, /s/ Noel J. Francisco NOEL J. FRANCISCO Counsel of Record JONES DAY 51 Louisiana Ave., NW Washington, D.C. 20001 (202) 879-3939 Counsel for Applicant

Docket Entries

2025-11-06
Application (25A519) granted by Justice Alito extending the time to file until December 19, 2025.
2025-11-03
Application (25A519) to extend the time to file a petition for a writ of certiorari from December 3, 2025 to December 19, 2025, submitted to Justice Alito.

Attorneys

Bristol Myers Squibb Company
Noel John FranciscoJones Day, Petitioner
Noel John FranciscoJones Day, Petitioner
Robert F. Kennedy, Jr., Secretary of Health and Human Services, et al.
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent