UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

[PROPOSED] BRIEF OF THE CENTER FOR AMERICAN PROGRESS, THE NAACP, THE CENTURY FOUNDATION, AND UNIDOSUS ACTION FUND AS AMICI CURIAE IN SUPPORT OF DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT Case 3:23-cv-20814-ZNQ-JBD Document 58-1 Filed 02/02/24 Page 2 of 40 PageID: 933 TABLE OF CONTENTS IDENTITY AND INTERESTS OF PROPOSED AMICI CURIAE ... [...] 9 iii Case 3:23-cv-20814-ZNQ-JBD Document 58-1 Filed 02/02/24 Page 5 of 40 PageID: 936 Cristina Boccuti, Christina Swoope, & Samantha Artiga, The Role of Medicare and Indian Health Services for American Indians and Alaska Natives: Health, Access and Coverage, KAISER FAMILY FOUND. [...] The NAACP is the oldest and largest civil rights organization in the country, with a mission to achieve equity, political rights, and social inclusion by advancing policies and practices that expand human and civil rights, eliminate discrimination, and accelerate the well-being, health care, education, and economic security of Black people and all persons of color. [...] Amici submit this brief to provide the Court with the policy context necessary to understand the impact of the Inflation Reduction Act’s (IRA) Medicare prescription drug price negotiations on prescription drug affordability and health equity and to explain that the IRA’s modest delegation of power is constitutional. [...] Amici will also argue that the IRA’s delegation of power to the Department of Health and Human Services (“HHS”) is constitutional because it is modest and cabined, and aligns with delegations the Supreme Court has repeatedly blessed over the past century—such delegations are necessary for the functioning of government.