The Courts

The White House Office of Management and Budget on Tuesday (Nov. 27) began reviewing a final regulation that, as proposed, would move up implementation of the 340B ceiling price and penalties rule to Jan. 1.

The Department of Justice asked Maryland to both withdraw its lawsuit to protect the Affordable Care Act and to dismiss its request that acting Attorney General Matthew Whitaker be removed from the case, arguing that Maryland doesn’t have a legal right to determine the law’s constitutionality.

Maine Deputy Attorney General Susan Herman says that the state’s outgoing Republican Governor Paul LePage does not have the authority to represent the interests of Maine as a plaintiff in the controversial court case that could determine the fate of the Affordable Care Act, Texas v. United States, because Maine Attorney General Janet Mills said she never consented to let the state be represented by the attorney general of Texas.

A federal district court in Maryland is moving quickly in a high-profile Affordable Care Act case that challenges the legitimacy of President Donald Trump's decision to replace former Attorney General Jeff Sessions with Sessions' unconfirmed chief of staff Matthew Whitaker, and has set oral arguments for Dec. 19.

A coalition of GOP attorneys general threw their support behind the Trump administration’s controversial association health plans, telling a federal court they back the administration’s call to dismiss a Democratic-led lawsuit challenging a rule that expanded the scope of the plans.

Texas District Judge Reed O' Connor is expected to rule any day on the high-profile case over the Affordable Care Act now that the election is over, and some legal experts believe he is likely to overturn as least the law's protections for preexisting conditions but could also move to an injunction that would end implementation of the entire law.

At least two of the four issuers that failed to convince a full panel of federal appeals court judges to rehear their suit over the ACA's risk corridor program plan to petition the Supreme Court to hear the case.

President Donald Trump’s claim that he was unaware that Attorney General Jeff Sessions urged a Texas federal court to eliminate coverage for preexisting conditions could come back to haunt the Trump administration during the case’s appeals process, legal experts say.

The legal battle over the federal government's recent rule that broadened the definition of an employer in order to expand access to association health plans moved a step forward this week with the Department of Labor urging the U.S. District Court of the District of Columbia to throw out the suit, contending the plaintiffs lack standing.