The Trump administration, perhaps surprisingly, chose to defend the legality of the Inflation Reduction Act’s (IRA’s) drug price negotiation program enacted under President Joe Biden.

In a filing Feb. 19, the government agreed with the legal arguments used by the prior administration and by a lower court, dealing a blow to pharmaceutical drugmakers enraged by the program.

The Trump administration claimed the “district court correctly concluded that it lacked jurisdiction to review plaintiff’s Eighth Amendment claim,” as well as “correctly rejected” takings and compelled speech claims. The defendants claim the program is consistent with the First Amendment.

The feds are urging the court to affirm the lower court’s rulings. Participating drug companies must sign agreements by Feb. 28 as part of the next step in the process.

Some conservative experts and lawmakers agree with drugmakers that the law is unconstitutional and damaging to innovation. They decry the negotiation process, arguing drugmakers don’t truly have a financial choice in determining whether to participate in the program.

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