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.
After the Chicago teachers union voted to work remotely due to what they say is a lack of safety protocols amid the COVID-19 surge, the school system canceled classes on Wednesday, citing harm that remote learning has done to the city's children. Randi Weingarten, president of the American Federation of Teachers, joined Cheddar to discuss the issues surrounding the latest dispute between educators and schools. She said that the return to in-person learning would likely be halted until more COVID tests could be provided for districts. "This is a terrible situation for everybody, and we need the testing, and we need the masks," she said. "It's the omicron surge that has created this disruption, and we are trying to do the best we can. And this is the only school district that has this kind of action right now." The teachers might not be returning to their schools for at least two weeks amid the ongoing tensions.
Illinois State Senator Robert Martwick joins Cheddar News to discuss the new bill he co-sponsored allowing students in the state to take 5 mental health days without a doctor's note.
On Monday, President Biden announced his new plan to take on inflation by taking down the big meat monopolies - turning to the federal government's antitrust authorities to investigate the major meatpackers that control a significant share of the market. The White House plans to devote one billion dollars to aiding independent meat and poultry producers in an effort to undercut the few powerful meat producers that have control of the sector. Austin Frerick, deputy director of Thurman Arnold Project at Yale, joins Cheddar News to discuss.
As the pandemic drags on, so does the widespread great resignation. In November alone, 4.5 million Americans quit their jobs, marking a new record high, and showing a 9 percent jump from the month prior. On the flip side, the number of people filing tax paperwork to start new businesses is surging, with over 430,000 new businesses launching in November. Rhett Buttle, the founder of Public Private Strategies and national business advisor to the Biden for President campaign, joined Wake Up with Cheddar to discuss.
New York Attorney General Letitia James is ramping up a civil investigation into The Trump Organization. The AG's office has subpoenaed Ivanka Trump and Donald Trump Jr. They have refused to comply with the subpoenas. Bradley Moss, national security attorney, joins Cheddar News to discuss the next steps in this investigation.
Colorado Gov. Jared Polis has officially reduced the 110-year prison sentence of truck driver Rogel Aguilera-Mederos to 10 years, calling the initial lengthy sentence “unjust.” Dan Gilleon, constitutional attorney at Gilleon Law Firm APC, joined Cheddar to discuss more.
Former Brooklyn Borough President Eric Adams was sworn in as the newest Mayor of New York City. Adams is now expected to work on a number of issues such as crime and coronavirus. Erin Durkin,, reporter at PoliticoNY, joins Cheddar News to discuss more.
California's new composting law will affect what residents do in their kitchens. As of this week, Californians will have to recycle excess food in an effort to reduce emissions caused by food waste. Cities and counties will turn recycled food into compost or use it as a renewable energy source. California's new law is the largest mandatory residential food waste recycling program in the country. Rachel Wagoner, Director of the California Department of Resources, Recycling and Recovery called the law 'the biggest change to trash' since recycling started in the 1980s. She joined Cheddar Climate to discuss.
As the U.S. comes up on the first anniversary of the January 6 insurrection.,A.C. Thompson, investigative reporter at ProPublica, joined Cheddar's Baker Machado to discuss updates to American Insurrection by FRONTLINE, ProPublica and Berkeley Journalism’s Investigative Reporting Program. The documentary investigates the attack on the Capitol touched off by the lie that the presidential election was stolen from Donald Trump but with new information gleaned since the event including interviews with lawmakers and law enforcement and the evolution of groups like the Boogaloo Boys and the Proud Boys behind the attack. "In some ways those groups that were kind of the vanguard of January 6 are maybe no longer relevant because their message is everywhere," he said.
