Twelve years after the Affordable Care Act was enacted, it appears to be here to stay, fully integrated into the nation’s health care system, extending coverage to more than 30 million Americans and protecting coverage against pre-existing conditions. The Supreme Court has ruled three times that the law is constitutional, and neither political party seems interested in overhauling it.
Yet the ACA remains under legal attack, and one key part of it is in jeopardy. In early September, a U.S. district judge in Texas ruled in a lawsuit, Braidwood Management Inc. et al. v. Becerra, that a part of the popular provision guaranteeing preventive care services without cost-sharing for those in most private health plans violates the Appointments Clause of the U.S. Constitution.