U.S. District Judge Reed O’Connor ruled that recommendations on preventative care by an unelected task force were unlawful, and forbade President Joe Biden’s administration from enforcing the recommendations."Unelected" is the key here, not the name of the clowns making up new rules.
The U.S. Preventive Services Task Force’s recommended preventative services must be covered by insurers under the Affordable Care Act (ACA), colloquially known as ObamaCare. It has recommended anxiety screening for some children and breast cancer screening for some women, among other recommendations.
Plaintiffs in a legal case in Texas argued that the mandated coverage violated their constitutional rights and the Religious Freedom Restoration Act because it forced them to purchase insurance that covered aspects that clash with their religion, including coverage of preexposure prophylaxis drugs for people deemed at high risk of getting HIV.
"The ACA forces these plaintiffs to choose between purchasing health insurance that violates their religious beliefs and foregoing conventional health insurance altogether. It is undisputed that putting individuals to this choice imposes a substantial burden on religious exercise," O’Connor, a George W. Bush appointee, wrote in a 28-page opinion.
Under the religious freedom act, the government can substantially burden a person’s exercise of religion if it shows that the burden "is in furtherance of a compelling governmental interest" and "is the least restrictive means of furthering that compelling governmental interest."
Government officials have failed on both fronts, the judge ruled.
O’Connor applied his ruling nationwide because the ACA provision and the task force’s recommendations are "constitutionally invalid," the judge ruled. He ordered Biden administration officials not to enforce the compulsory coverage requirements for the task force’s recommendations.O’Connor previously ruled that ObamaCare was unconstitutional, but the Supreme Court ultimately ruled in favor of the Biden administration, finding states lacked standing to challenge the law.
Perhaps this case will stand when Brandon's Boys push it up to SCOTUS.
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Affordable Care Act: 2022-12-20 Unemployment benefits and Obamacare subsidies outpace median income in several states, study finds
Affordable Care Act: 2022-12-14 HHS approves Washington state request to offer health insurance to illegal immigrants, citing 'health equity'