- Docket No.
- 23-10326
- Appellate Court
- Fifth Circuit
Goal
- Exempt the plaintiffs from the requirement
- Invalidate the provision
Issues
Litigation Content
Why this Matters
The plaintiffs argue that the Affordable Care Act’s preventive services requirement is unconstitutional because it violates the Appointments Clause, the nondelegation doctrine, and the Religious Freedom Restoration Act. The preventive services requirement is a popular provision of the law that has been in effect since 2010 and extends coverage of evidence-based preventive services (such as cancer screening, tobacco cessation, contraception, and immunizations), without cost-sharing, to more than 150 million people each year. That guaranteed benefit could go away if the courts agree with the plaintiffs.
Potential Impact
Striking down the requirement for insurers and employers to cover preventive services without cost-sharing would jeopardize access to needed services for consumers.
18 Major Filings
- JOINT REPORT on Possible Agreement (Jun 9, 2023)
- ORDER (Jun 7, 2023)
- RESPONSE to Plaintiffs' Supplemental Memorandum (May 31, 2023)
- Supplemental Memorandum (May 26, 2023)
- MOTION for Leave to File Supplemental Memorandum (May 25, 2023)
- UNOPPOSED MOTION to Establish Briefing Schedule (May 19, 2023)
- ORDER (May 15, 2023)
- REPLY in Support of Motion for Partial Stay (May 12, 2023)
- RESPONSE to Motion for Partial Stay (May 4, 2023)
- Consent MOTION to file Amicus Brief_AHA et al. (May 4, 2023)
- Unopposed MOTION to File AMICUS BRIEF_SEIU (Apr 28, 2023)
- Unopposed MOTION to File AMICUS BRIEF_American Medical Association et al. (Apr 28, 2023)
- Unopposed MOTION to File AMICUS BRIEF_American Public Health Association et al. (Apr 28, 2023)
- AMICUS BRIEF_American Cancer Society et al. (Apr 28, 2023)
- Unopposed MOTION to File AMICUS BRIEF_American Lung Association et al. (Apr 27, 2023)
- MOTION for a Partial Stay of Final Judgment Pending Appeal (Apr 27, 2023)
- NOTICE OF CROSS-APPEAL (Apr 7, 2023)
- NOTICE OF APPEAL (Apr 3, 2023)