Bloomberg Law
April 18, 2022, 9:35 AM

Latest Obamacare Fight Aims to Revive 87-Year-Old Line of Attack

Lydia Wheeler
Lydia Wheeler
Senior Reporter

Free birth control, colonoscopies, and vaccines have helped convince millions of people to sign up for Obamacare coverage.

But now conservatives are trying to revive an arcane legal principle, one not entertained by the U.S. Supreme Court in more than 80 years, to argue the government has no right to require insurers to fully cover preventive services. They may have a slate of judges lined up who agree.

The dispute is before U.S. District Judge Reed O’Connor, the same judge in Texas who ruled the Affordable Care Act was unconstitutional in 2018 before the Supreme Court voted for a second ...

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