Mark Joseph Stern Profile picture
Mar 30 • 4 tweets • 2 min read Twitter logo Read on Twitter
🚨Judge Reed O'Connor STRIKES DOWN a major provision of the Affordable Care Act requiring insurers to cover a vast amount of preventive care cost-free (contraception, cancer screening, PrEP, a ton of pregnancy-related care). The ruling applies nationwide. storage.courtlistener.com/recap/gov.usco…
Here is a list of the many, many preventive care treatments that insurers must cover cost-free under the ACA. Reed O'Connor just struck down the entire section of the law mandating this coverage. This is a gigantic blow to the ACA and U.S. health care. uspreventiveservicestaskforce.org/uspstf/recomme…
O'Connor rules that the U.S. Preventive Services Task Force—the federal agency that decides which medical care all insurers must cover—is unconstitutional because it violates the Appointments Clause, and invalidates its power to enforce anything against anyone nationwide.
I anticipated this decision in September when O'Connor first telegraphed it. It is nothing short of catastrophic to the U.S. health care system. Millions of Americans, including many pregnant women, will have to forgo basic care if it is upheld.
slate.com/news-and-polit… If the higher courts accept...

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More from @mjs_DC

Mar 27
The Supreme Court takes up one new case, asking whether an ADA "tester" has standing to challenge a hotel's alleged accessibility violation if she has no intention of actually staying there. supremecourt.gov/orders/courtor… Issue: Whether a self-appointed Americans with Disabilities
Gorsuch, joined by Kavanaugh, dissents from the court's refusal to take up Steven Donziger's case. The facts here are really hideous—it's a shame two more justices didn't agree. supremecourt.gov/orders/courtor…
Basically: A district court allowed Chevron to persecute Donziger for winning a case against it in Ecuador; the court eventually held him in contempt. The U.S. Attorney refused to prosecute, so the court *created its won prosecutors' office* which secured a six-month conviction.
Read 4 tweets
Mar 24
Anti-vaxxers asked 12 district courts to block Biden’s vaccine mandate for executive branch employees. All 12 refused. Then they found a Trump judge in Texas who issued a nationwide injunction against mandate. Today the 5th Circuit affirmed the injunction. storage.courtlistener.com/recap/gov.usco…
The 5th Circuit says it’s fine for a single judge to issue a nationwide injunction against an executive branch policy, even if 12 judges previously refused to do so, because, well, nobody says they can’t!!!
storage.courtlistener.com/recap/gov.usco…
There is a federal law laying out a mandatory administrative process for executive branch employees who raise grievances. These processes MUST be exhausted before you go to court. And the 5th Circuit just made up a new rule that when you’re an anti-vaxxer, you get to ignore it.🤷‍♂️
Read 5 tweets
Mar 21
This is fascinating. These kids love being kids! I HATED being a child! From the youngest age I can remember, I wanted to be an adult. They also basically like school?! School was the most stressful thing ever! High school was 10x harder than law school! nytimes.com/interactive/20…
Adults constantly told me "enjoy your childhood because you'll miss it when it's gone" and they were WRONG. Childhood is terrible. You have no autonomy, no agency, no rights, no freedom, and you get no respect from anyone. It's a total nightmare. I am so glad it is over.
Middle school and high school are absolutely miserable! You are forced to spend all day in classes then go home and spend the rest of the day doing homework! You are constantly told that everything you do will make or break your future! You have to take tests all the time?!!!
Read 5 tweets
Mar 21
Here is today's 5–4 decision from the Oklahoma Supreme Court holding that the state constitution guarantees the right to an abortion when there is a "reasonable" certainty that the pregnancy threatens the patient's life.

Includes concurrence and dissents.
s3.documentcloud.org/documents/2371…
And a great write-up of the decision from Chris Casteel at the @TheOklahoman_: oklahoman.com/story/news/pol…
Apologies—I had to merge all the separate opinions into one file and I accidentally excluded this very important concurrence. It digs into the history of life exceptions to abortion bans as well as the impact of sexism on regulation of reproductive health: s3.documentcloud.org/documents/2371…
Read 6 tweets
Mar 20
Trump Judge Terry Doughty says social media companies became state actors when they removed disinformation at the Biden administration's request, potentially violating the First Amendment.

A wild decision—just look at the defendants. storage.courtlistener.com/recap/gov.usco…
h/t @danbauman77 The Amended Complaint [Doc. No. 84] names sixty-seven defend
Basically, a bunch of red states—joined by conservative activists—sued a bunch of Biden administration officials, claiming that they censored speech by asking Facebook, Twitter, etc. to demote or remove disinformation about COVID, elections, etc.

And Doughty greenlit the suit!
The Constitution does not prohibit private companies (like Facebook) from censoring speech. It applies only to the government. Yet Doughty endorses the plaintiffs' theory that these companies violated the First Amendment by agreeing to remove content flagged by the Biden admin.
Read 6 tweets
Mar 20
In today's Supreme Court orders, Justice Jackson has a solo dissent expressing concern about the "sharp uptick" in "Munsingwear vacaturs"—when SCOTUS vacates a lower court decision that became moot on appeal. Many law profs have raised this concern, too. supremecourt.gov/orders/courtor…
SCOTUS used Munsingwear vacatur to clear away a number of controversial lower court decisions in the Trump era—including a travel ban ruling and the Jane Doe abortion ruling. Looked like a compromise: A liberal decision gets wiped off the books, but no precedent gets established.
Justice Jackson was concerned about overuse of Munsingwear vacatur during her stint on the D.C. Circuit, too. (h/t @MikeSacksEsq) fingfx.thomsonreuters.com/gfx/legaldocs/… When a district court invalidates a rule under the Administr
Read 5 tweets

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