A new Supreme Court case seeks to make it harder to get screened for cancer
The Supreme Court announced on Friday that it will hear Becerra v. Braidwood Management, the latest in a long line of lawsuits seeking to undermine the Affordable Care Act, the landmark health reform law that President Barack Obama signed in 2010.
Unlike some previous anti-Obamacare lawsuits, Braidwood Management is not an existential threat to the entire law. Should the Supreme Court buy the plaintiffs’ arguments in this case, however, that would give health insurers more leeway to refuse to cover certain treatments. Such a decision would also give employers more ability to offer health plans that deny coverage for those treatments.
There’s also a decent chance that the Court will reject this challenge, despite its 6-3 Republican supermajority. The Justice Department makes strong arguments in favor of maintaining the status quo. The appeals court, which heard this case, is often reversed by the Supreme Court. And the Braidwood Management plaintiffs have struggled to persuade even sympathetic judges with some of their arguments.
While Braidwood Management began as a sweeping challenge to three bodies within the US Department of Health and Human Services (HHS), which can require health insurers to cover various treatments, the scope of this lawsuit has shrunk as it has advanced through the courts.
The plaintiffs, who object to HHS’s decision to require insurers to........
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