Janssen Pharms. v. Kennedy

On May 18, 2026, the Supreme Court declined to review the Inflation Reduction Act’s controversial Medicare Drug Price Negotiation Program. The denial of certiorari was a setback for WLF, which filed an amicus brief urging review. As WLF’s brief explained, that program is not a free and fair “negotiation,” but is a regime that compels speech to effect an unlawful and uncompensated taking, backed by unconstitutional excessive fines. As such, the Program violates the First, Fifth, and Eighth Amendments.