The Courts

D.C. federal district court judge John Bates showed interest in the Democratic attorneys general’s complaints challenging the Trump administration’s expansion of association health plans, repeatedly saying during Thursday’s hearing that the administration’s underlying intention in the rule was to modify the Affordable Care Act, not the definition of an employer under ERISA.

In a win for the generic drug industry, the Supreme Court unanimously ruled Tuesday (Jan. 22) that secret sales of inventions start the one-year clock to file patents.

Attorney General nominee William Barr in his Tuesday (Jan. 15) confirmation hearing told Sen. Kamala Harris (D-CA) that he is open to reconsidering the Department of Justice’s decision to not fully defend the Affordable Care Act against a constitutional challenge from 20 GOP-led states.

A Pennsylvania district court judge on Monday (Jan. 14) issued a nationwide injunction blocking the implementation of two Trump administration rules that would loosen the Affordable Care Act’s requirements that employers cover contraceptive services by allowing those employers to claim moral or religious exemptions.

The Department of Justice is asking a federal appeals court in Texas to pause proceedings in the case over the Affordable Care Act due to the ongoing government shutdown.

The Department of Justice Friday (Jan. 4) filed a motion in Texas district court stating it would appeal Fifth Circuit Judge Reed O’Connor’s ruling that the entire Affordable Care Act is invalid because the individual mandate is no longer constitutional and cannot be severed from the law.

The Department of Justice On Friday (Jan. 4), pointing to the ongoing government shutdown, asked a Texas district court to hold off on any briefings on House Democrats’ Thursday (Jan. 3) motion to intervene in the high-profile case over the ACA. DOJ tells the court it opposes the House motion, but will not be able to respond by the Jan. 24 deadline because of the lapse in appropriations.

A federal district court last week rejected the government’s request to pause action on a lawsuit over the final association health plan rule due to the government shutdown, pointing out that the Department of Labor, which is still fully funded, is primarily responsible for compiling the administrative record.

The House speaker would have permission to intervene in any court case over the Affordable Care Act, including the high-profile Texas case, under the new rules package Democrats unveiled late Tuesday (Jan. 1).