Federal Judge Rules Insurers Can Deny Coverage for Cancer Screenings and HIV Prevention
SlateOn Thursday, U.S. District Judge Reed O’Connor struck down a major provision of the Affordable Care Act requiring insurers to provide cost-free coverage for cancer screenings, HIV prevention, maternal care, and a host of other conditions. Then, on Thursday, O’Connor came out with his decision, which took the most destructive, maximalist approach possible: He voided every single PSTF mandate issued since 2010, more than 50 in all. In a remarkably cursory analysis, O’Connor declared that he had to block the PSTF from “enforcing the disputed coverage mandates against anyone” because no other remedy would fully “cure plaintiffs’ injuries.” There is so much wrong with O’Connor’s reasoning that it’s hard to know where to start. That fix would’ve given the HHS secretary oversight of the PSTF’s work, with the ability to ratify or overrule its work, indisputably bringing it in line with the appointments clause.
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