Supreme‌ ‌Court‌ ‌Set‌ ‌to‌ ‌Tackle‌ ‌DACA,‌ ‌LGBT‌ ‌Discrimination,‌ ‌Among‌ ‌Other‌ ‌Issues‌ ‌This‌ Term‌
AFFORDABLE CARE ACT

October 1, 2019 by Dan McCue

This year’s term begins Monday, Oct. 7, and will extend into late June, encompassing the presidential primaries and ending just before the Republicans and Democrats host their presidential nominating conventions.

As always, one can expect the Justices’ statements from the bench during hearings, the court’s rulings, and the makeup of the majorities in those rulings, to invite intense scrutiny.

Among the high-profile issues they’ll tackle early in the term are the fate of the Deferred Action for Childhood Arrivals (DACA) program and whether Title VII employment discrimination protections extend to members of the LGBT community.


You can read previews of the other cases here:


AFFORDABLE CARE ACT

The Justices will decide whether Congress needs to cough up $12 billion promised to insurers before the Affordable Care Act was signed by President Barack Obama in March 2010.

“Everything about the Affordable Care Act was outsized and big,” said Paul Clement, providing the context for the three lawsuits the justices have consolidated for oral argument.

The cases are Maine Community Health Options v. United States; Moda Health Plan v. United States; and Land of Lincoln Mutual Health v. United States.

“It was a big piece of legislation. It had huge consequences for the healthcare industry,” he said.

To encourage insurers to provide coverage to people with pre-existing conditions, a provision was included in the ACA that said if insurers lost money on these policies, the federal government would reimburse them for some of the loss.

A parallel provision said that if an insurance company priced their policies too high and made more money than expected, they would return some money to the federal government.

“It was a way of cushioning the risk,” Clement said of the provisions.

However, by the time losses were realized and the reimbursements came due, Congress had changed hands, and the new Republican majority restricted the funds available to the Department of Health and Human Services to pay the insurers. The insurers promptly sued.

Don Verrilli, another of the former solicitors general on the panel, said the cases are interesting because they deal with the issue of how promises made by one Congress are handled by another.

“Anytime a big law like this gets enacted, you learn things as you start implementing it,” Verrilli said. “You start to say, ‘We need to tinker with this.’ “We need to fix that.’ But once you had a change in the party in control of the House, that just wasn’t going to happen … and a whole host of issues ended up in court.”

“There are some questions of law that you’d think would be settled 225 years into our constitutional experiment,” Clement said. “You’d think we’d already know the answer to what happens when Congress says,’Yes, we’ll make some payments, but they’re not due for five years.’ And then Congress, five years later, says, “Well, that’s interesting, but we’re not going to appropriate the funds’. You just think there was a crystal clear answer to that question that was provided … in something Andrew Jackson did or something. Instead, it remains a debatable question.”


You can read previews of the other cases here:

Health

In Hamburg, ‘Gesundheit’ Means More Than a Wish for Good Health Health
In Hamburg, ‘Gesundheit’ Means More Than a Wish for Good Health

HAMBURG, Germany — Researchers around the world hail Germany for its robust health care system: universal coverage, plentiful primary care, low drug prices and minimal out-of-pocket costs for residents. Unlike in the U.S., the prospect of a large medical bill doesn’t stand in the way of... Read More

The Uncertainty of Government Run Healthcare Health
The Uncertainty of Government Run Healthcare
October 22, 2019
by Dan McCue

WASHINGTON - Accustomed as they are to believing government can do a great deal of good for a great many, serious Democrats have grown increasingly concerned over the potential long-term ramifications of Medicare for all proposals. While it's easy -- and perhaps hopeful -- to view... Read More

Bill Seeks to Provide Vision Coverage in Medicare, Lowering Costs for Seniors Medicare
Bill Seeks to Provide Vision Coverage in Medicare, Lowering Costs for Seniors
October 22, 2019
by Dan McCue

WASHINGTON - A quartet of House Democrats want to see Medicare Part B coverage expanded to include routine vision benefits. Right now, Medicare only covers surgery and screenings for people who are at a high risk of getting cataracts and glaucoma, but it but does not... Read More

Rose Hosts District Roundtable on Prescription Drug Prices Prescription Drugs
Rose Hosts District Roundtable on Prescription Drug Prices
October 22, 2019
by Dan McCue

WASHINGTON - Rep. Max Rose hosted a roundtable for seniors in Brooklyn, N.Y. on Saturday to bring them up to speed on his proposal to lower prescription drug prices. Rose met with members of AARP Bay Ridge Chapter 3630 to talk about his support of the... Read More

Spanberger Fighting to Strengthen Federal Investment in Cancer and Rare Disease Research Health
Spanberger Fighting to Strengthen Federal Investment in Cancer and Rare Disease Research
October 22, 2019
by Dan McCue

WASHINGTON - Rep. Abigail Spanberger, D-Va., wants $10 billion allocated to the National Institutes of Health over the next 10 years as a catalyst for medical cures and scientific breakthroughs. The Biomedical Innovation Expansion Act introduced last week by Spanberger and Reps. Mikie Sherrill, D-N.J., and... Read More

Governors Hold Summit on Regional Approach to Cannabis and Vaping Legislation State News
Governors Hold Summit on Regional Approach to Cannabis and Vaping Legislation
October 18, 2019
by Dan McCue

The governors of five northeastern states came together for a summit on Thursday to discuss the outlines of a joint regional approach to cannabis and vaping policies. "This issue is complicated, controversial and consequential. It is probably one of the most challenging I've had to address... Read More

Straight From The Well
scroll top