Kelley v. Becerra

(original headline: "Just when you thought the big ACA lawsuits were over...")

UPDATE 7/26/22: Apparently this case is scheduled to be heard by TX District Judge Reed O'Connor today.

UPDATE 9/07/22: Annnnd there it is, via SCOTUS, legal & political journalist Chris Geidner:

BREAKING: US District Judge Reed O’Connor in Texas rules that requiring employers to provide coverage for PrEP drugs (preventing the transmission of HIV) violates the religious rights of employers under federal law (RFRA).

...O’Connor also rules that the U.S. Preventive Services Task Force (PSFT) violates the Appointments Clause because he finds the members are officers of the United States not appointed properly.

...O’Connor rejects several other claims, as to Appointments Clause claims and as to the nondelegation doctrine.

Michigan

via the Michigan Dept. of Insurance & Financial Services:

(LANSING, MICH) State of Michigan health leaders are advising Michiganders that a Texas federal judge’s decision in Braidwood Management Inc. v. Xavier Becerra does not currently change the preventive care to which they are entitled under the Affordable Care Act (ACA). Though the Braidwood ruling does not take immediate effect, and proceedings are ongoing, this case could ultimately have long-term impacts on the ACA and the health of Americans nationwide.

Kelley v Becerra

Updated to include extra details from Harris Meyer, who wrote about the case back in March.

Yesterday morning in my post celebrating the Supreme Court throwing out the insanely stupid CA v. TX lawsuit (previously TX v. Azar or, as I called it, Texas Fold'em), which threatened to strike down the entire Affordable Care Act, I noted that...

So, are there any MORE challenges to the ACA? Of course. As Katie Keith notes over at Health Affairs:

As the law hangs in the balance, other ACA litigation is proceeding. The Supreme Court has been asked to hear appeals by health insurers over whether they are entitled to fully recover unpaid cost-sharing reduction payments. It is not year clear whether the Court will agree to do so; if it does, the appeals would be heard next term. Other lawsuits remain pending before district and appellate courts over the scope of the ACA’s contraceptive mandate, the preventive services mandate, and Section 1557, among other issues.

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