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.
As the Omicron variant continues to sweep across the country. The US Supreme Court is expected to hear arguments at the end of this week on whether or not the Biden administration can force private companies to vaccinate or test millions of their employees. In addition, the National Nurses United has spearheaded legal action to protect nurses and health care workers, patients, and the public while on the job. President of the National Nurses Union, Zenei Cortez, joined Cheddar to discuss more.
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Today marks one year since the January 6 Attack on the United States Capitol. The Country watched as supporters of then-President Trump stormed what was assumed to be the most secure building in the country in an attempt to stop the certification of the 2020 Election. Several lawmakers, including the Vice President, could be seen ducking down as they feared for their lives. Democratic Michigan Representative Dan Kildee, joined Cheddar to discuss more.
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Ben Armstrong, founder of Bitboy Crypto, joins Cheddar News to discuss Bitcoin's downward trend and what's next for crypto after protests in Kazakhstan cause crypto miners to shut down.
Washington, D.C. Attorney General Karl Racine joins Cheddar Politics to discuss his lawsuit against the extremist groups Proud Boys and Oath Keepers over their role in the January 6 attack on the U.S. Capitol.
Josh Pasek, a professor at the University of Michigan and expert on political communication and misinformation, joins Cheddar News to discuss how political radicalization happens and how America got to this point.
Kyle Kondik, managing editor at Sabato's Crystal Ball at the University of Virginia Center for Politics, joins Cheddar News to discuss what to expect at the 2022 midterm elections.
Katie Barlow, media editor at SCOTUSblog, joins Cheddar Politics to reflect on what happened at the Supreme Court in 2021 and what may be in store for 2022.
Gerren Keith Gaynor, managing editor of politics and Washington correspondent at The Grio, joins Cheddar Politics to discuss the progress President Biden made on his policy agenda in 2021, and what remains to be done in 2022.
