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Hope Merck prevails in its Inflation Reduction Act suit or your business is next
NY Post ^ | June 11, 2023 | BETSY MCCAUGHEY

Posted on 06/11/2023 6:57:09 PM PDT by lasereye

If you own a business, the leftists in Congress are coming for you.

The only thing standing in their way is the US Constitution.

Whether you own a mom-and-pop diner, an auto-repair shop or shares in a multinational corporation, your property is at risk.

The Constitution’s “takings clause” was designed to protect us from government grabbing our property without paying fairly for it.

But last year, Democrats rammed through the Inflation Reduction Act, boasting it would enable Medicare to “negotiate” lower prices for medications for seniors.

“Negotiate” is a lie.

Under the new law, the feds can strong-arm companies to sell their most popular medications at a price Uncle Sam dictates or be taxed out of existence in a matter of weeks.

The pharmaceutical giant Merck sued last week, claiming the law violates its constitutional rights.

Amen. This lawsuit is a red flag for everyone in America who owns anything or hopes to.

The law’s actual language is breathtakingly coercive, but let’s face it, most members of Congress don’t bother to read bills before voting on them.

It says any company that refuses to sell at the government’s price will be hit with a tax that starts at 186% of the drug’s revenues on Day 1 and is hiked daily until it reaches a ruinous 1,900% of revenues — not just from government sales but all sales.

That would mean hundreds of millions of dollars in taxes per day. The company has no escape.

The law Merck is challenging is far more dictatorial than price controls in socialist-leaning European countries, which allow drug companies to decline to sell at the government price.

Merck explains it “will be legally compelled to sell its most valuable products for a fraction of their value, on pain of yet more draconian penalties.

(Excerpt) Read more at nypost.com ...


TOPICS: Business/Economy; Government; News/Current Events
KEYWORDS: betsymccaughey; constitution; lawsuit; merck; takings
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1 posted on 06/11/2023 6:57:09 PM PDT by lasereye
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To: lasereye

I don’t trust drug companies, I don’t trust government.

Let the courts decide this one.


2 posted on 06/11/2023 7:00:59 PM PDT by Bayard
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To: lasereye

Elected Democrats don’t care that the Constitution forbids their mad schemes. They are evil, wicked, treacherous and anti-American scum.


3 posted on 06/11/2023 7:01:50 PM PDT by Rurudyne (Standup Philosopher)
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To: Bayard

But you do trust the Constitution, right.


4 posted on 06/11/2023 7:06:41 PM PDT by lastchance (Cognovit Dominus qui sunt eius.)
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To: lastchance

Whose reading it?


5 posted on 06/11/2023 7:08:54 PM PDT by Bayard
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To: Bayard

Yeah. The modern court has be in willful abeyance sonce the ‘30s.


6 posted on 06/11/2023 7:10:07 PM PDT by Rurudyne (Standup Philosopher)
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To: Rurudyne

Since ... darn fat finger touch typing


7 posted on 06/11/2023 7:10:41 PM PDT by Rurudyne (Standup Philosopher)
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To: Bayard

And drug companies selling their products to government is fascism at its worst.


8 posted on 06/11/2023 7:12:30 PM PDT by Alberta's Child ("I've just pissed in my pants and nobody can do anything about it." -- Major Fambrough)
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To: lasereye
Never have I ever seen such a gang of bullies, thugs, busybodies as the Biden Junta.

9 posted on 06/11/2023 7:14:10 PM PDT by Governor Dinwiddie (LORD, grant thy people grace to withstand the temptations of the world, the flesh, and the devil.)
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To: Bayard
The modern court mulls over a case for a year, and then punts and remands it back from whence it came.

10 posted on 06/11/2023 7:17:20 PM PDT by Governor Dinwiddie (LORD, grant thy people grace to withstand the temptations of the world, the flesh, and the devil.)
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To: Governor Dinwiddie

Obama is pulling the strings...


11 posted on 06/11/2023 7:20:11 PM PDT by bankwalker (Repeal the 19th ...)
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To: lastchance

Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.
It’s not what the law is, it’s become who is implementing the laws. Looting and pillaging is the M.O. for these Leftists.


12 posted on 06/11/2023 7:23:56 PM PDT by griswold3 (Truth, Beauty and Goodness )
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To: lasereye
"It says any company that refuses to sell at the government’s price will be hit with a tax that starts at 186% of the drug’s revenues on Day 1 and is hiked daily until it reaches a ruinous 1,900% of revenues — not just from government sales but all sales."

The tax is on the drugs revenue. Just stop selling the drug on first notification this tax takes effect. See who blinks first.

13 posted on 06/11/2023 7:48:55 PM PDT by BipolarBob (I was going to start procrastinating this year, I just haven't got around to it.)
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To: Rurudyne

You’re to nice.


14 posted on 06/11/2023 7:50:33 PM PDT by US_MilitaryRules (#PureBlood)
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To: Bayard

“Let the courts decide this one.”


I don’t trust the Courts either. Not after last week’s ruling on Alabama’s voting districts. Only liberal states are allowed to draw their own districts as they wish. Conservative states must allow liberals to draw the boundary lines in their states.


15 posted on 06/11/2023 7:52:43 PM PDT by CFW (old and retired)
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To: lasereye

that’s ok betsy, you two faced gope uniparty leftist masquerading as a healer. let merck and all of big pharma burn (if that is even possible).


16 posted on 06/11/2023 8:02:49 PM PDT by dadfly
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To: Bayard

I can’t afford a new car. The government should negotiate a fair price for me.

/s

Of course, there are a few things wrong. Congress could do some things, like, allow more generics to be produced. Insulin should be cheap but drug companies find new ways to “patent” a variation or new delivery system of the same old generic drug. Drug companies manipulate the process, and the drug trials to get approval since the rules are written they know how to design a trial to jump through the loopholes.

They hardly develop anything anyway. They let private sector investment develop new drugs all the way up to around Phase 3 clinical trials, then the big pharma buys these new drugs. Most of the time these new drugs are only marginally better than the old drugs. They may be better in some subset of patients. But that doesn’t stop them from marketing them as if they are better. I was on a generic pill, my doctor recommended a new one. My co-pay was $400 a month on the new one, $2 for the old generic. No thanks. The old pill worked fine so my doctor agreed to prescribe the old one purely for financial reasons. But later I researched it, the new pill was more likely to cause bleeding, but had marginally better results for about 12% of people - of which I was not one. I don’t think half the doctors study these things.


17 posted on 06/11/2023 8:21:40 PM PDT by monkeyshine (live and let live is dead)
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To: lasereye

It is more likely that a company would cease selling the drug at a loss. You can expect shortages or empty shelves.


18 posted on 06/12/2023 12:04:33 AM PDT by DeplorablePaul
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To: lasereye
I'm sure the "Inflation Reduction Act" is a big steaming pile but..

Whether you own a mom-and-pop diner, an auto-repair shop or shares in a multinational corporation, your property is at risk.
...
It says any company that refuses to sell at the government’s price will be hit with a tax that starts at 186% of the drug’s revenues on Day 1 and is hiked daily until it reaches a ruinous 1,900% of revenues

So what does that have to do with a diner or auto repair shop? (unless said diner or repair shop also makes drugs)

19 posted on 06/12/2023 2:27:52 AM PDT by Pollard ( >>> The Great Rest is already underway! <<<)
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To: All; lasereye

More info.:

https://www.forbes.com/sites/waynewinegarden/2022/08/02/the-high-cost-of-the-inflation-reduction-act/?sh=2009a6172f89


20 posted on 06/12/2023 2:59:37 AM PDT by Drago
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