The Affordable Care Act is back in court

Yesterday, a federal judge in Texas struck down a provision of the Affordable Care Act (aka Obamacare) that requires US insurance companies to cover preventative treatments like mammograms, colonoscopies, and cancer screenings for free.

📝🩺 Background: The ACA currently requires all US insurers to cover more than 100 preventative health services for free. These services are recommended by a series of three government panels.

But yesterday, Judge Reed O’Connor – who in 2018 struck down the entire ACA – ruled that one of the three panels violates the Appointments Clause of the Constitution, since its 16 members aren’t appointed by the President, nor confirmed by the Senate.

• This decision could result in 150+ million Americans having to pay for dozens of health screenings and treatments that were previously free, as current health insurance plans expire over the next year, per the WSJ.

🗣️ The arguments: The plaintiffs, a group of six individuals and two companies, contend that some of the ACA’s mandated screenings aren’t worth the resulting rise in premiums paid by US insurance holders. They also assert that some treatments violate their religious beliefs, specifically citing contraceptives, STD/drug screenings, and preventative HIV treatment.

The defendants, a coalition of 20 mostly Democratic state AGs and the Biden administration, argue that the ACA’s preventative care provision has significantly improved Americans’ health and welfare, and driven down US healthcare costs overall.

👀 Looking ahead… The Biden admin is expected to appeal the ruling and request a temporary stay, which would mean the ACA coverage requirements remain in place during the appeals process. Legal analysts say the case will likely be further appealed to the Supreme Court over the next few months.

📊 Flash poll: Do you think yesterday’s ruling will have a material impact on Americans’ health?

Yes

No

Unsure/other