Department of Justice filed a motion there to appeal a lower court decision that would have allowed insurance companies to stop covering certain preventive services for free despite the Affordable Care Act’s mandate.
The appeal follows The decision was issued by Judge Reed O’Connor on Friday that struck down requirements for health insurance to provide free coverage for certain preventive screenings and tests, including for sexually transmitted diseases, cancer and mental illness. The Affordable Care Act has required this coverage since 2011.
In his ruling, O’Connor sided with a group of Christian business owners who argued his religious beliefs prevented him from participating in a health insurance plan that provided coverage that could make him “complicit in facilitating homosexual behavior, drug use, and sexual activity outside of marriage between men.” one and a girl.”
It is currently unclear which preventive services will be removed from the ACA’s coverage mandate under O’Connor’s decision. Coverage for PrEP, a drug used to prevent HIV transmission, is the only prevention service clearly challenged in the case. But O’Connor’s decision could extend to screenings or exams for colorectal cancer, breast cancer, HPV vaccinations and more, depending on which medical advisory board recommends the coverage and in what year.
O’Connor, a George W. Bush appointee, has made a name for himself as a fierce opponent of the Affordable Care Act. He has repeatedly challenged the provisions of the law, including repealing it entirely in 2018. The decision was overturned by the Supreme Court in 2021.
The appeal will be heard by the Fifth Circuit Court of Appeals, which is stacked with hardline conservative Donald Trump appointees.