On July 28, 2022, WLF asked the Third Circuit to affirm a trial-court decision rejecting the Health Resources Services Administration’s (HRSA) claim to broad regulatory authority Congress never gave it. The appeal arises from a suit by prescription-drug manufacturer AstraZeneca against HRSA, challenging the agency’s recent enforcement action under the 340B Program. As the District Court rightly found, HRSA’s recent regulatory overreach has improperly expanded the 340B Program well beyond anything its statutory text can sustain. In its amicus brief, WLF argues that the agency’s extra-statutory overreach, if embraced on appeal, would allow HRSA to unilaterally transform the 340B Program from a sensible cost-saving measure into a constitutionally dubious wealth-transfer scheme. This it cannot do.

Documents

WLF amicus brief