the courts
Copy and paste, lawsuit edition
Bristol Myers Squibb filed another lawsuit challenging the Inflation Reduction Act on Friday, and the arguments in the case sounded familiar — because they were pretty much the same as the ones Merck used in its lawsuit a few weeks back.
That might be because the suits were filed by the same firm, and by several of the same attorneys. Jones Day partner Yaakov M. Roth is listed on both suits. Recently, according to the firm’s website, he argued the winning side in West Virginia v. EPA, a Supreme Court decision restricting the power of federal agencies (which Justice Neil Gorsuch filed a concurring opinion supporting).
Jones Day also put two other young attorneys on the cases, both of whom clerked for Supreme Court Justice Neil Gorsuch over the same timeframe from 2021-2022. One of them also clerked for a judge who is on the U.S. Court of Appeals for the D.C. Circuit, which would hear the Merck case if it’s appealed.
340B watch
A new Senate coalition taking on 340B challenges
After years of lawsuits, wrist slapping from government agencies, and mudslinging from all the stakeholders involved, a bipartisan group of senators is taking a look at the hard issues in the 340B program, they announced on Friday.
Sens. John Thune (R-S.D.), Debbie Stabenow (D-Mich.), Shelley Moore Capito (R-W.V.), Tammy Baldwin (D-Wis.), Jerry Moran (R-Kansas), and Ben Cardin (D-Md.), called for stakeholders to weigh in on thorny issues including how contract pharmacies should be used and increasing transparency by the end of July.
Congress has been wary of wading too far into the policy debate over the 340B program, so watch this space for any chance at meaningful changes. There could be momentum to move this Congress as well, as both Stabenow and Cardin are retiring.