Trump Should Revisit Flawed Plan To Lower Drug Prices

Law360 (October 5, 2020, 5:49 PM EDT) -- Eager to score points with seniors ahead of the November elections, President Donald Trump issued an executive order in mid-September designed to lower drug prices. The plan links Medicare payments to the prices paid in other advanced economies.

While the move might be smart politics, it's bad policy, as it'll reduce patients' access to medicines and disincentivize biomedical research. And there is a fatal flaw with his plan that's gone mostly unnoticed: The president has no authority to enact such a reform — not under federal law and not under the U.S. Constitution.

The president's plan would prevent drug firms from charging Medicare more...

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