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America First Legal Secures Major Win Against the Affordable Care Act
America First Legal ^ | 6/21/24 | staff

Posted on 06/21/2024 3:59:16 PM PDT by CFW

WASHINGTON, D.C. – Today, America First Legal (AFL) and co-counsel Jonathan F. Mitchell secured a resounding win before the United States Court of Appeals for the Fifth Circuit in Braidwood Management Inc. v. Becerra. A unanimous panel of the Fifth Circuit held that a key provision of the Affordable Care Act violates Article II’s Appointments Clause by empowering the U.S. Preventive Services Task Force to dictate the preventive care that all private insurers must cover. In other words—unaccountable, unelected bureaucrats don’t get to make unilateral decisions about Americans’ healthcare coverage, which has led to tremendous increases in the cost of insurance for all Americans.

The Affordable Care Act, also known as “Obamacare,” requires all private health insurers to cover preventive care without any cost-sharing arrangements such as copays or deductibles. It also requires private insurers to cover any preventive care that receives an “A” or “B” rating from the United States Preventive Services Task Force.

AFL argued that this arrangement violates Article II of the Constitution because the members of the U.S. Preventive Services Task Force wield significant powers yet are not appointed as “officers of the United States” as required by Article II. The Fifth Circuit unanimously agreed and held that the members of the Task Force are “principal officers” who must be appointed by the President with the Senate’s advice and consent and that the Affordable Care Act violates Article II’s Appointments Clause by empowering the Task Force to impose preventive-care coverage mandates on private insurers.

Effectively, all preventive-care coverage mandates imposed by the Task Force since March 23, 2010, are unenforceable in the Fifth Circuit, and private insurers in Texas, Louisiana, and Mississippi need not comply with them.

(Excerpt) Read more at aflegal.org ...


TOPICS: Business/Economy; Constitution/Conservatism; Government
KEYWORDS: aca; administrativelaw; bureaucracy; insurance
This is actually a pretty good win. So much useless "preventative care" dictated by federal government adds to the cost of insurance. Doctors are happy to comply since all they do is shepherd patients through their office to see a PA, make sure all the correct boxes are checked on the computer, and bill the insurance and government for the costs.

Don't forget, they are supplying illegals with this "care" at the cost of taxpayers. Bureaucracy is causing the cost of healthcare and insurance to spiral higher and higher.

1 posted on 06/21/2024 3:59:16 PM PDT by CFW
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To: CFW

That’s not all doctors do


2 posted on 06/21/2024 4:12:57 PM PDT by Nifster ( I see puppy dogs in the clouds )
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To: CFW

It is a good win, but if we really want to win BIG, Trump needs to issue an Executive Order forcing ALL Non Military Federal Employee’s enroll in Obamacare as their primary health care provider and eliminate ALL Waivers. If it’s a Good Law there is nothing to worry about.

FORCE CONGRESS to Live under their own rules.


3 posted on 06/21/2024 4:21:54 PM PDT by eyeamok
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To: eyeamok
Ask Obozo if he is enrolled in Obozo care. Then repeal Congress’ exemption from Obozo care. Set the record straight.
4 posted on 06/21/2024 4:24:56 PM PDT by Fungi
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To: CFW

If I was still an optimist I would call this a possible crack in the dike...


5 posted on 06/21/2024 4:25:38 PM PDT by SuperLuminal ( Where is Samuel Adams when we so desperately need him)
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To: CFW

It IS a good win. It means that I’m can’t be forced into a policy which forcers me to pay for treating other people’s AIDS, smoker’s lung cancer, etc. while forcing me to pay for the care which I need out of my pocket.


6 posted on 06/21/2024 4:32:09 PM PDT by nagant
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To: nagant

2nd try: It IS a good win. It means that I can’t be forced into a policy which forces me to pay for treating other people’s AIDS, smoker’s lung cancer, etc. while forcing me to pay for the care which I need out of my pocket.


7 posted on 06/21/2024 4:34:01 PM PDT by nagant
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To: CFW

wow. real winning. thank you AFL and thank you Founders.


8 posted on 06/21/2024 6:02:39 PM PDT by dadfly
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