Under the most usual course of events, the Supreme Court would not consider (again) the fate of the Affordable Care Act smack in the midst of the 2020 presidential elections.
But we aren’t living amid “usual” course of events. A coalition of state attorneys general wants the legal process speeded up. And while it’s not that likely that the high court will agree, it’s not impossible either.
In December the Fifth Circuit Court of Appeals voided the ACA’s individual mandate. But it didn’t agree with the earlier District Court ruling from December 2018 that because the mandate is unconstitutional, the whole law is invalid. Continue reading
Since the Supreme Court ruling in 2012, states have been warring over whether or not to expand Medicaid.
Now, some states want to pursue a “partial” expansion – under the same generous federal funding rules. So far, no state has been able to do this – but they are trying. Continue reading
We wrote earlier this spring about a batch of ACA litigation still slogging its way through the courts, including one that the Supreme Court has just agreed to take. This is a challenge from health insurers who say the federal government owes them a great big bushel of money.
The case, which is consolidating three lawsuits known as Moda Health Plan v. United States, Maine Community Health Options v. United States, and Land of Lincoln Mutual Health Insurance v. United States, means that the government could have to pay out billions of dollars under the Affordable Care Act – while that very same federal government is still trying to dismantle the ACA in the Texas vs. Azar lawsuit that goes before an appeals court in July. Continue reading
The U.S. Supreme Court has agreed to hear the case brought eight years ago by a South Dakota newspaper asserting the public’s right to know how much taxpayer money goes to grocers and other retailers who participate in the federal food stamp program.
The Argus Leader of Sioux Falls won at the federal appellate court level last year, but a new challenge asserting the confidentiality of business records has pushed the case to the nation’s highest court. Continue reading
Kaiser Family Foundation
The New York Times Magazine’s recent feature, “Life in Obamacare’s dead zone,” looked at the Medicaid gap we’ve frequently written about since the Supreme Court in 2012 made the ACA expansion optional for states.
The article describes how people who fall into the bizarre coverage gap – in which they are too poor to get subsidized coverage that people just a few slim rungs up the income ladder can get – cobble together care, or just do without, often with pretty grim consequences. Continue reading
When the U.S. Supreme Court ruled in February that the North Carolina State Board of Dental Examiners lacked the authority to regulate teeth-whitening businesses, experts observed that the decision might have impact far beyond the world of dentistry.
Licensing boards regulate hundreds of occupations across the country, everything from medicine and law to bee-keeping and fortune telling. Often the boards are comprised of members of the profession they are regulating. And as in the North Carolina case, there are times when these regulatory bodies run afoul of federal antitrust laws intended to ensure consumer choice and greater access to services. Continue reading