The Courts

The Senate passed a fiscal 2019 Labor-HHS spending bill late Thursday (Aug. 23) that didn't include two controversial amendments -- one defunding Planned Parenthood and another allowing the Senate to intervene in the Texas v. HHS case should the court rule to eliminate the mandate for coverage of preexisting conditions.

Sen. Susan Collins (R-ME) told reporters Tuesday (Aug. 21) that Supreme Court nominee Brett Kavanaugh believes Roe v. Wade is “settled law,” but, despite his assurances, Collins said she has yet to decide whether to vote for his confirmation.

A federal judge in Texas has partially granted a request from a group of Democratic attorneys general and rescheduled the oral arguments in the high-profile case over the constitutionality of the Affordable Care Act to start on Sept. 5, just one day after the Senate Judiciary Committee is slated to begin confirmation hearings for Supreme Court nominee Brett Kavanaugh. The case could make it to the high court, and Kavanaugh's potential vote on the suit that could strip protections for people with preexisting conditions has been a rallying point for Democrats seeking to oppose the SCOTUS nominee, and at least one expert suggests the result of the Texas case might make or break his confirmation.

President Donald Trump called on Attorney General Jeff Sessions to bring a federal lawsuit against opioid makers and distributors rather than just joining state suits, and to explore ways to stop opioids from coming in from China and Mexico, according to a White House press pool report from Thursday (Aug. 16).

A new lawsuit challenging Arkansas' Medicaid work requirements has been assigned to the same judge who stopped Kentucky's planned work requirements from taking effect in July.

The Supreme Court is likely to consider several cases that involve key pillars of the U.S. health care system, a group of around 120 consumer and patient associations told Senate leaders in a letter urging them to carefully consider nominee Brett Kavanaugh's position on health care.

Both sides in the lawsuit over Kentucky's controversial Medicaid waiver are asking a federal judge to retain jurisdiction over the case while the Trump administration attempts to comply with the judge's June ruling that blocked the so-called Kentucky HEALTH program from taking effect and ordered CMS to review it further.

The Department of Justice dances around its recent win in the risk corridors cases in order to argue that Congress' decision not to appropriate funding for ACA cost-sharing reduction payments to insurers means the court should dismiss Blue Cross and Blue Shield Of Vermont's lawsuit over the end of the CSRs.

The group of 18 Democratic attorneys general who intervened in Texas v. USA to defend the Affordable Care Act say the court should reject the Department of Justice's proposal to convert the GOP-led states' request to scrap the entire health law into a motion that only axes the law's mandate and preexisting conditions protections.