Inflation Reduction Act (IRA) Litigation: Headed to the Supreme Court?
June 24, 2026
26AB
Type: Breakout Session
Focus Area:
Intellectual Property and Legal Landscape
Since the first drugs were selected for “negotiation,” the Inflation Reduction Act (IRA) has been the target of litigation. Two strains of litigation emerged, with one focusing on the constitutionality of the IRA statute itself and the other focusing on various aspects of the IRA Implementing Guidance as issued by the Centers for Medicare and Medicaid Services (CMS). With a multitude of lawsuits filed, and over two years of active litigation, in many cases up to and including rulings by federal courts of appeal, what have we learned? What are the key issues and how has the litigation influenced price negotiations? It seems likely that the Supreme Court will be asked to weigh in, particularly with respect to the constitutional issues. How likely is the Court to take the case and, equally important, how are the individual Justices likely to weigh the competing legal, business, and public health concerns? This session will seek to answer these questions and more.


