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.
Face to face for just over two hours, President Joe Biden and Russia’s Vladimir Putin squared off in a secure video call Tuesday as the U.S. president put Moscow on notice that an invasion of Ukraine would bring enormous harm to the Russian economy.
Ahead of Instagram head Adam Mosseri's congressional hearing on the mental impact of the social platform on teens, the company announced a number of updates aimed at teen safety.
Troubled Chinese real estate giant Evergrande is once again nearing the brink of collapse. Shares of Evergrande sunk to a new record low on Monday, closing down 20 percent, as debt default fears resurfaced. Drew Bernstein, co-chairman at consultancy MarcumBP, joined Cheddar's Opening Bell to discuss. He said U.S. investors have to understand that "there is no company in China that's too big to fail, that's for sure," and that the Chinese government will be prioritizing the social welfare of the populace. Bernstein did note that it would be a managed collapse in some form.
Joan Greve, a politics reporter at The Guardian US, joined Wake Up With Cheddar to break down the implications of the Biden administration announcing a diplomatic boycott of the 2022 Beijing games in response to allegations of human rights abuses against Uyghur Muslims. She noted the significance of the move, assessing the already frayed relationship between the U.S. and China. "The Chinese have said that a boycott would be politically manipulative, and now they are actually threatening countermeasures," she said. "And that will certainly have an impact on the spirit of the games at the very least."
The Biden administration has reached an agreement with the Mexican government to resume the "Remain-in-Mexico" policy under court order. By reinstating a Trump-era border policy, asylum-seekers will be forced to stay in Mexico until their U.S. immigration court date. The program is set to resume on Monday. Ryan Devereaux, a reporter for The Intercept, joins Cheddar News to discuss.
The U.S. announced it will not send any official representation to the upcoming Beijing winter Olympics. Cheddar's Hena Doba speaks with East Asia expert Michael Swaine about the reasons behind the diplomatic move.
COVID-19 is still battering the nation's criminal justice system, causing a massive backlog in cases and delaying verdicts for months on end. This, combined with the fear of crowded prisons during a pandemic, has prompted many defendants to plead guilty in exchange for time served or probation. Tina Luongo, attorney-in-charge of the Criminal Defense Practice, joined Cheddar to discuss the court backlog, the rise in plea bargains, and why this was an issue long before the pandemic.
With so many high-profile court cases taking over the media, from the trial over the murder of Ahmaud Arbery to the trial of Kyle Rittenhouse to the ongoing Elizabeth Holmes trial, Cheddar took a look at these cases and why there is such a big interest in them. Rachel Fiset, a white collar criminal defense lawyer and partner with Zeiback, Fiset, and Coleman, and Bryan Hance, attorney-at-law, professor, and academic program director of the pre-law and paralegal studies program at National University, joined Cheddar for a roundtable discussion on why there is so much public interest in so-called courtroom drama.
Carlo and Baker discuss the sweeping new vaccine mandate in NYC that will target all private businesses. Plus, Trump's media venture gets its CEO and more.
