The Courts

Democratic attorneys general in states that mandate abortion coverage are challenging the Trump administration’s rule requiring health insurers separately bill for coverage of abortion services not banned under the Hyde amendment, saying the rule violates the Affordable Care Act, the Administrative Procedure Act and the 10th Amendment.

The Fifth Circuit Court of Appeals Wednesday (Jan. 29) rejected a petition from one of its judges for the full court to rehear the GOP challenge to the constitutionality to the Affordable Care Act in an 8-6 decision.

The future direction of the generic drug market is in question as the industry experiences increased competition among multiple companies all vying for the same molecule.

Democrats defending the Affordable Care Act still hope the Supreme Court will review the controversial case over the law’s future this term and urge the judges to the reject a GOP request to extend their filing deadline to March.

The Supreme Court on Tuesday (Jan. 21) rejected calls to fast-track its decision on whether to hear the latest constitutional challenge to the Affordable Care Act, essentially guaranteeing that the court will not weigh in on the case before the 2020 presidential election.

The insurance industry, seniors’ organizations, hospitals, small businesses, health advocates and a bipartisan coalition of 56 economists back Democrats’ calls for the Supreme Court to review the Fifth Circuit’s ruling over the Affordable Care Act, arguing it is imperative to resolve the future of the health law as quickly as possible to remove the vast cloud of uncertainty created by the decision.

West Virginia Attorney General Patrick Morrissey, one of the 18 GOP state officials challenging the constitutionality of the Affordable Care Act, is pushing legislation that not only claims to protect residents with preexisting conditions, but also sets up the possibility of state-level subsidies to replace the federal assistance that could be axed if Morrissey and his colleagues’ arguments succeed in the high court.

Federal appellate judges suggested Monday (Jan. 13) that CMS’ attempt to require that drug makers include list prices in television advertisements might lead to consumer confusion without bringing down drug prices.

The Department of Justice Friday (Jan. 10) asked the Supreme Court to hold off reviewing the high-profile case over the constitutionality of the Affordable Care Act until a lower court decides which parts of the law are invalid, rejecting Democrats' claims that a lengthy judicial process would inject more uncertainty in the health care landscape.