The healthcare.gov website is seen on Dec. 14, 2021, in Fort Washington, Md. (AP Photo/Alex Brandon, File)
By Kevin McGill
The government can keep enforcing “Obamacare” requirements that health insurance plans cover preventative care — such as HIV prevention, some types of cancer screenings and other illnesses — while a legal battle over the mandates plays out, under a court agreement approved Tuesday.
The pact approved by the 5th U.S. Circuit Court of Appeals preserves — at least for now — cost-free preventive care coverage for millions of Americans under the Affordable Care Act.
That coverage was thrown into question by a March ruling from a federal judge in Texas, who said some of the preventive care requirements under former President Barack Obama’s 13-year-old health care law are unconstitutional.
The ruling by U.S. District Judge Reed O'Connor had nationwide effects. The Biden administration had argued last week at the appeals court that the ruling should be stayed while appeals are pursued.
The agreement was filed with the court Monday. In it, the plaintiffs in the case, including a Christian dentist who opposes coverage for contraception and HIV prevention on religious grounds, agreed to a broad stay nationwide. In return, during the appeal process, the handful of plaintiffs would be allowed to provide insurance plans that don't include the preventive care. If O'Connor's ruling were reversed, they would have to provide the coverage, but they would not be penalized for having dumped the coverage during appeals.
O’Connor's March ruling deals with requirements for coverage driven by recommendations by the U.S. Preventive Services Task Force. The judge ruled that because the task force is made up of volunteers, enforcing its recommendations violates the Constitution’s Appointment Clause, which lays out how government officials can be appointed.
Not all preventive care was threatened by O'Connor’s ruling. An analysis by the nonprofit KFF foundation found that some screenings, including mammography and cervical cancer screening, would still be covered without out-of-pocket costs because the task force recommended them before the health care law was enacted in March 2010.
Florida lawmakers have introduced a controversial bill restricting some discussion of sexual orientation and gender identity in classrooms with young students. Supporters say the move empowers parents to have more of a say in what their children learn. Florida State Senator Shevrin Jones joins Cheddar News to discuss more.
Congress this week passed a bill that would end forced arbitration for workplace sexual assault and harassment, one of the most significant changes to employment law in years. Cheddar News speaks with Marjorie Mesidor, Sexual Harassment Attorney, who explains that arbitrators are often retired judges or attorneys who "tends to have a more conservative view both to law and rewards."
As the situation with Russia has grown more precarious, the White House urged Americans remaining in Ukraine to leave immediately. The Biden administration that it sees continuing signs of escalation but did not have specific information detailing a timetable for a potential invasion. Kristine Berzina, senior fellow and head of the geopolitics team at the Alliance for Securing Democracy, joined Cheddar News to provide her analysis. "There's talk of an impending phone call between President Putin, President Biden," Berzina said. "That is certainly a good sign to indicate that there would be significant cost."
Terrell Starr, host of 'Black Diplomats' podcast and senior nonresident fellow at the Eurasia Center for Atlantic Council, joins Cheddar News from Kyiv, Ukraine to discuss the mounting tension there.
The White House laid out plans for a $5 billion investment into a national network of charging stations to ease EV driving anxiety. Bruce Brimacombe, CEO of EV infrastructure GOe3 joined Cheddar News to discuss how much needs to be done for drivers to get over the fear of running out of energy. "People need to be able to do what they're doing now," he said. "But that is the way that if you're going to buy an electric car, you got to feel like you're not changing your world." Brimacombe noted that building out the infrastructure between cities was GOe3's own focus.
U.S. automakers are saying that the blockade of the Ambassador Bridge, a crucial border crossing between the U.S. and Canada, is affecting their production lines. Michelle Krebs of Cox Automotive warns that the disruption "couldn't come at a worst time," amid chip and labor shortages in Detroit.
AND DETROIT-BASED AUTO MAKERS SAY THEY ARE SHUTTING DOWN PLANTS OR SCALING BACK PRODUCTION BECAUSE OF PARTS SHORTAGES.
Plans to add affordable housing to a development in Yellow Springs, Ohio, were squashed after comedian Dave Chappelle and other community members spoke out against the project. Chappelle threatened to pull the plug on his local comedy club and restaurant projects if the development had been approved.
David Tafuri, Former Obama Campaign Foreign Policy Advisor & Former State Department Official, joined Cheddar News to break down the latest geopolitical stories from Beijing, amid China's human rights abuses against Uyghur Muslims and yet another Russian doping scandal.
Dr. Jennifer Haythe of Columbia University's Irving Medical Center, joined Wake Up With Cheddar to discuss the latest with the pandemic, as the debate over child safety rages amid low vaccination rates and states easing school mask mandates.
