DAYTON AREA CHAMBER OF COMMERCE; OHIO CHAMBER OF COMMERCE; MICHIGAN CHAMBER OF COMMERCE; CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA v. ROBERT F. KENNEDY, JR., in his official capacity as Secretary of the United States Department of Health and Human Services, et al. - Articles

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DAYTON AREA CHAMBER OF COMMERCE; OHIO CHAMBER OF COMMERCE; MICHIGAN CHAMBER OF COMMERCE; CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA v. ROBERT F. KENNEDY, JR., in his official capacity as Secretary of the United States Department of Health and Human Services, et al.

Posted by: Azya Thornton on Aug 6, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Jeffrey S. Bucholtz, KING & SPALDING LLP, Washington, D.C., for Appellants.

Attorneys 2: ARGUED: Maxwell A. Baldi, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.

Attorneys 3: ON BRIEF: Jeffrey S. Bucholtz, Alexander Kazam, Christine M. Carletta, E.Caroline Freeman, KING & SPALDING LLP, Washington, D.C., Tami H. Kirby, PORTER WRIGHT MORRIS & ARTHUR LLP, Dayton, Ohio, Jennifer B. Dickey, Andrew R. Varcoe, U.S. CHAMBER LITIGATION CENTER, Washington, D.C., for Appellants.

Attorneys 4: ON BRIEF: Maxwell A. Baldi, Catherine Padhi, Lindsey Powell, Michael S. Raab, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.

Attorneys 5: ON BRIEF: Paul W. Hughes, Andrew A. Lyons-Berg, Emmett Witkovsky-Eldred, MCDERMOTT WILL & EMERY LLP, Washington, D.C., Jeffrey B. Wall, SULLIVAN & CROMWELL LLP, Washington, D.C., for Amici Curiae.

Judge(s): GILMAN, DAVIS, and MATHIS, Circuit Judges

Court Appealed: United States District Court for the Southern District of Ohio at Dayton

RONALD LEE GILMAN, Circuit Judge. In August 2022, Congress passed the Inflation Reduction Act, which gave the Secretary of the U.S. Department of Health and Human Services (HHS) the ability to negotiate prices for drugs manufactured by companies that choose to sell to Medicare and Medicaid under the Drug Price Negotiation Program. The Dayton Area Chamber of Commerce (the Dayton Chamber), the Ohio Chamber of Commerce (the Ohio Chamber), the Michigan Chamber of Commerce (the Michigan Chamber), and the Chamber of Commerce of the United States of America (the U.S. Chamber) (collectively, Plaintiffs) sued HHS, the Centers for Medicare & Medicaid Services (CMS), and the agencies’ heads (collectively, the government) on behalf of their pharmaceutical-manufacturer members, challenging the constitutionality of the Drug Price Negotiation Program. Plaintiffs claimed that the Program amounted to the government’s attempt to “displace[] market forces and set[] prices on targeted products through central planning.” They based their challenge on the United States Constitution’s Due Process Clause, Excessive Fines Clause, and First Amendment. In addition, Plaintiffs contended that Congress exceeded its legislative powers. They requested both declaratory and injunctive relief. The government moved to dismiss the complaint on the basis that the Dayton Chamber lacked associational standing because the lawsuit was not germane to the Dayton Chamber’s purposes, making venue in the Southern District of Ohio improper. Agreeing with the government, the district court dismissed the case for improper venue. For the reasons set forth below, we AFFIRM the judgment of the district court.

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