Medicare Negotiations: Industry Makes Headway At Appeals Court With First Amendment Argument

Bristol Myers Squibb Co. and Janssen Pharmaceutical Cos. found some sympathy for their First Amendment claims from at least two of the three judges on the appeals court panel hearing their consolidated case against the Inflation Reduction Act’s Medicare drug price negotiation program.

The oral arguments didn’t necessarily point to a clear or likely overall victory coming for industry in the case, but some of the judges’ concerns suggested BMS and JNJ may...