Constitutionality

Updates

The ERISA Industry Committee Frustrated Over Administration’s New Out-of-Pocket Limit Rules

ERIC is extremely disappointed with today’s announcement from the administration that it is moving forward with applying individual out-of-pocket limits to those who are part of a family health plan, beginning in 2016… More

protected content Threat of New ACA Court Case

Just when we thought that perhaps the U.S. Supreme Court had delivered its last opinion on the fate of the ACA, yet another court case pops up that, while not upending the law, could in fact cause a substantial derailment… More

protected content ERIC:  SCOTUS Rules That States Must Recognize Same-Sex Marriage

In the second of two eagerly-awaited decisions this week, Obergefell v. Hodges, the U.S. Supreme Court emphatically ruled that the Fourteenth Amendment requires states to license same-sex marriage and also requires states to recognize legal same-sex marriages performed out of the state’s jurisdiction. The 5-4 majority decision was written by Justice Kennedy and supported by Justices Ginsburg, Breyer, Sotomayor, and Kagan. The official dissent was written by Chief Justice Roberts, although each of the three other justices (Scalia, Thomas, and Alito) also wrote dissents. … More

protected content Round Up of Lukewarm - but still vitally important! - HealthCare Topics

Here is a round-up of health-related items. SCOTUS takes on new ERISA case: The U.S. Supreme Court has granted a petition to hear and opine on a new ERISA case, Montanile v. Board of Trustees of National Elevator Industry Health Benefit Plan, U.S. No. 14-723. … More

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Oklahoma District Court Finds Individuals in Federal Exchanges Ineligible for Subsidized Coverage under ACA

The federal district court in Oklahoma today decided to vacate the IRS regulation under the Affordable Care Act (ACA) that permits individuals in states with federal Exchanges to receive subsidized health insurance. … More

See All Updates

Court Rulings

protected content ERIC:  SCOTUS Rules That States Must Recognize Same-Sex Marriage

In the second of two eagerly-awaited decisions this week, Obergefell v. Hodges, the U.S. Supreme Court emphatically ruled that the Fourteenth Amendment requires states to license same-sex marriage and also requires states to recognize legal same-sex marriages performed out of the state’s jurisdiction. The 5-4 majority decision was written by Justice Kennedy and supported by Justices Ginsburg, Breyer, Sotomayor, and Kagan. The official dissent was written by Chief Justice Roberts, although each of the three other justices (Scalia, Thomas, and Alito) also wrote dissents. … More

protected content

Oklahoma District Court Finds Individuals in Federal Exchanges Ineligible for Subsidized Coverage under ACA

The federal district court in Oklahoma today decided to vacate the IRS regulation under the Affordable Care Act (ACA) that permits individuals in states with federal Exchanges to receive subsidized health insurance. … More

protected content High Stakes Drama at the ACA Corral

Today saw the publication of not ONE but TWO circuit court cases opining on the legality of granting tax subsidies to individuals who purchase health insurance through federally operated Exchanges as opposed to Exchanges operated by the states. … More

ERIC and Epstein Becker Green Release Summer 2014 Edition of Benefits Litigation Update

Attached please find the latest edition of the Benefits Litigation Update, a joint project of ERIC and the law firm of Epstein Becker Green. In this Benefits Litigation Update, we are focusing on … More

protected content SCOTUS Delivers This June’s Verdict on the ACA … and Contraceptives

Today the Supreme Court of the United States, in its last decision of the term, found that the HHS regulations imposing the “no-cost contraceptives” requirement of the Affordable Care Act violate the Religious Freedom Restoration Act of 1993 with respect to three for-profit, closely-held corporations. … More

protected content U.S. Supreme Court Hears Oral Arguments on ACA Contraception Cases

The U.S. Supreme Court heard oral arguments recently, in Sebelius v. Hobby Lobby and Conestoga Wood v. Sebelius, with respect to the contraception coverage mandated by the Affordable Care Act (“ACA”).… More

protected content Supreme Court Justice Temporarily Halts Enforcement of Contraceptive Mandate Against Nuns

U.S. Supreme Court Justice Sonia Sotomayor on December 31 issued an order temporarily blocking enforcement of the contraceptive mandate against a nonprofit religious group, ordering the federal government to respond by January 3 (Little Sisters of the Poor Home for the Aged v. Sebelius). … More

protected content U.S. Supreme Court Agrees to Hear Two ACA Contraceptive Mandate Cases

The U.S. Supreme Court earlier today announced that it will hear challenges to the requirement that employers must provide contraceptive coverage as part of the preventive services mandate under the Affordable Care Act (ACA). The Court agreed to hear Sebelius v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties v. Sebelius.… More

protected content Another Threat to the Viability of the ACA Exchanges

The U.S. District Court for the District of Columbia on October 22 allowed a case to proceed that has the potential to deal a potentially life-threatening blow to the Affordable Care Act (ACA). The case (Halbig v. Sebelius, D.D.C., No. 13-623), along with a similar case in an Oklahoma federal district court (Pruitt v. Sebelius, E.D. Okla, Case No. CIV-11-30-RAW), addresses the ability of an Exchange to offer premium credits and cost-sharing subsidies to enrolled individuals. … More

protected content ERIC and Epstein Becker Green Release Fall 2013 Edition of Benefits Litigation Update

We have released the latest edition of the Benefits Litigation Update, a joint project of ERIC and the law firm of Epstein Becker Green. … More

protected content Fourth Circuit Upholds ACA Employer Mandate under Commerce Clause

The U.S. Court of Appeals for the Fourth Circuit on July 11 ruled that the employer mandate under the Affordable Care Act is a valid exercise of Congress’ power to regulate commerce under the Constitution’s Commerce Clause. … More

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Sixth Circuit Appeals Court Finds PPACA Constitutional

On June 29, the first Circuit Court to decide the constitutionality of the individual mandate provision of the Patient Protection and… More

More Court Rulings

Judicial Documents

protected content

Oklahoma District Court Finds Individuals in Federal Exchanges Ineligible for Subsidized Coverage under ACA

The federal district court in Oklahoma today decided to vacate the IRS regulation under the Affordable Care Act (ACA) that permits individuals in states with federal Exchanges to receive subsidized health insurance. … More

protected content High Stakes Drama at the ACA Corral

Today saw the publication of not ONE but TWO circuit court cases opining on the legality of granting tax subsidies to individuals who purchase health insurance through federally operated Exchanges as opposed to Exchanges operated by the states. … More

ERIC and Epstein Becker Green Release Summer 2014 Edition of Benefits Litigation Update

Attached please find the latest edition of the Benefits Litigation Update, a joint project of ERIC and the law firm of Epstein Becker Green. In this Benefits Litigation Update, we are focusing on … More

protected content SCOTUS Delivers This June’s Verdict on the ACA … and Contraceptives

Today the Supreme Court of the United States, in its last decision of the term, found that the HHS regulations imposing the “no-cost contraceptives” requirement of the Affordable Care Act violate the Religious Freedom Restoration Act of 1993 with respect to three for-profit, closely-held corporations. … More

protected content U.S. Supreme Court Hears Oral Arguments on ACA Contraception Cases

The U.S. Supreme Court heard oral arguments recently, in Sebelius v. Hobby Lobby and Conestoga Wood v. Sebelius, with respect to the contraception coverage mandated by the Affordable Care Act (“ACA”).… More

protected content Supreme Court Justice Temporarily Halts Enforcement of Contraceptive Mandate Against Nuns

U.S. Supreme Court Justice Sonia Sotomayor on December 31 issued an order temporarily blocking enforcement of the contraceptive mandate against a nonprofit religious group, ordering the federal government to respond by January 3 (Little Sisters of the Poor Home for the Aged v. Sebelius). … More

protected content Another Threat to the Viability of the ACA Exchanges

The U.S. District Court for the District of Columbia on October 22 allowed a case to proceed that has the potential to deal a potentially life-threatening blow to the Affordable Care Act (ACA). The case (Halbig v. Sebelius, D.D.C., No. 13-623), along with a similar case in an Oklahoma federal district court (Pruitt v. Sebelius, E.D. Okla, Case No. CIV-11-30-RAW), addresses the ability of an Exchange to offer premium credits and cost-sharing subsidies to enrolled individuals. … More

protected content Fourth Circuit Upholds ACA Employer Mandate under Commerce Clause

The U.S. Court of Appeals for the Fourth Circuit on July 11 ruled that the employer mandate under the Affordable Care Act is a valid exercise of Congress’ power to regulate commerce under the Constitution’s Commerce Clause. … More

protected content

Sixth Circuit Appeals Court Finds PPACA Constitutional

On June 29, the first Circuit Court to decide the constitutionality of the individual mandate provision of the Patient Protection and… More

More Judicial Documents

Press Releases

The ERISA Industry Committee Frustrated Over Administration’s New Out-of-Pocket Limit Rules

ERIC is extremely disappointed with today’s announcement from the administration that it is moving forward with applying individual out-of-pocket limits to those who are part of a family health plan, beginning in 2016… More

More Press Releases