If Congress passed a law requiring this the problem would not exist that the judge pointed out, but it remains unclear if Congress will act to hold big pharma accountable.
Major pharmaceutical companies Merck, Eli Lilly and Amgen sued the administration over the rule in June.
HHS plans to work with the Department of Justice “on next steps related to the litigation,” HHS spokeswoman Caitlin Oakley said according to Stat News.
The administration finalized the rule in May. It would apply to all drugs that cost more than $35 for a month supply. In addition, the rule has support from lawmakers on both sides of the aisle. Both Republican Iowa Sen. Chuck Grassley and Democratic Illinois Sen. Dick Durbin support it.
Mehta is an Obama appointee and federal judge on the D.C. District Court.