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Senator Bernie Sanders issued a warning about President Donald Trump's latest executive order aimed at lowering drug prices.
Newsweek reached out to the White House for comment via email.
Why It Matters
Americans often pay more for prescription drugs than consumers in other countries, which has fueled calls for lawmakers to pass legislation that would allow for the federal government to negotiate lower prices.
Trump and others have argued it's unfair that Americans would pay higher prices for the same drugs, but critics have argued this will stifle innovation at pharmaceutical companies.
What To Know
Sanders, who has regularly pushed for Congress to take action on lower drug prices, reacted to the executive order in a statement released Monday. Sanders is a Vermont independent who caucuses with Democrats and is one of the most progressive senators.
He warned he does not believe courts will allow the order to stand, encouraging Trump to instead support a bill that would lower drug prices for Americans. Several of Trump's executive orders have faced legal challenges over his authority since his return to office, holding up much of his agenda in the courts.
He added that the issue isn't that drug prices are too low in Europe and Canada, but rather the "extraordinarily greedy pharmaceutical industry."
"As Trump well knows, his executive order will be thrown out by the courts," he wrote. "If Trump is serious about making real change rather than just issuing a press release, he will support legislation I will soon be introducing to make sure we pay no more for prescription drugs than people in other major countries."
Former federal prosecutor Neama Rahmani told Newsweek on Monday that the order may be challenged in court, and a judge will determine whether the order exceeds statutory authority.
"The Trump administration will argue that they are acting within the scope of the authority granted to the executive branch by the legislature under existing laws like the Food, Drug, and Cosmetic Act or the Medicare Modernization Act. (This is similar to the arguments they are making with respect to the imposition of tariffs.) If the executive order fixes prices without a statutory basis, courts could block it. After all, the executive branch can only implement existing law, it can't create new law," he said.
He noted that Sanders' suggestion of going through Congress is the "safer course of action to avoid judicial scrutiny."
Data from Peterson-KFF revealed the differing costs of five popular prescription drugs—Eliquis, Jardiance, Entresto, Januvia and Ozempic—between the U.S., U.K., Canada, France and Japan. The data shows U.S. costs being significantly higher than the other countries for the same drugs.
In January, Trump signed a separate executive order rescinding a Biden-era policy aimed at lowering prescription drug prices. He also signed an order last month ordering the Department of Health and Human Services (HHS) to take new steps to lower drug costs through market forces.
What People Are Saying
DHS Secretary Robert F. Kennedy Jr. wrote to X: "Americans pay three times more for prescription drugs than patients in other wealthy countries. That ends now. Today, President Trump signed an Executive Order to demand Most-Favored-Nation pricing — no more gouging Americans to subsidize foreign governments."
Justin Amash, a former member of Congress from Michigan who served as a Republican and Libertarian, wrote to X: "Tl;dr: Trump supports economically foolish price controls for prescription drugs and pharmaceuticals and will sign an executive order to sidestep Congress and the Constitution...again."
Veteran Democratic strategist David Axelrod wrote to X: "Trump exec orders can be as meaningful as a Trump University degree. But if he actually delivers on what Biden started and dramatically lowers U.S. Rx costs for consumers --without limiting access to lifesaving drugs--I will be the first to applaud."
What Happens Next
The executive order gives drug companies 30 days to lower prices. If companies do not comply, the order would allow the HHS secretary to propose a "rulemaking plan to impose most-favored-nation pricing."
Update 5/12/25, 5:27 p.m. ET: This article was updated with additional information.
Correction 5/14/25, 11 a.m. ET: This article was corrected to reflect KFF's 2023 name change.
About the writer
Andrew Stanton is a Newsweek weekend reporter based in Maine. His role is reporting on U.S. politics and social issues. ... Read more