WASHINGTON — House Democrats’ signature drug pricing legislation could run afoul of not one, not two, but three separate parts of the U.S. Constitution, Congress’ own legal experts write in a new report.
The Oct. 21 Congressional Research Service report obtained by STAT states that H.R. 3, which would allow the government to negotiate over drug prices and levy huge fines on companies who refuse, might run afoul of the Fifth and Eighth Amendments, as well as Congress’ taxing power under the Constitution.
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