September 2022

Care Force One to Travel Across 21+ States, Make Over 40 Stops and Cover Nearly 12,000 Miles in Five Weeks Starting in October

Washington, D.C. — As President Biden is set to celebrate the passage of the Inflation Reduction Act at the White House today, Protect Our Care is announcing updates to its fourth nationwide bus tour, Lower Costs, Better Care: Help is on the Way. From Maine to Nevada, elected officials, storytellers, and health care advocates will celebrate The Inflation Reduction Act’s measures to drive down health care costs and to let Americans know how and when they can access these new benefits. Kicking off on October 3, Care Force One will roll into districts and states for events to educate Americans about how the bill could save them thousands of dollars a year on health care. Over five weeks, Care Force One will travel to more than 20 states, make more than 40 stops, and travel nearly 12,000 miles. 

“Care Force One will crisscross the nation this fall with one message: Thanks to President  Biden and Democrats in Congress, help is on the way,” said Protect Our Care Executive Director Brad Woodhouse. “President Biden and Democratic lawmakers took on unified Republican opposition and Big Pharma’s lobbying power to deliver lower premiums and prescription drug costs for millions of Americans. Throughout the tour, people from all walks of life will share what this bill means to them and their families. Between saving seniors thousands on their prescriptions and lowering monthly premium costs for working families, this bill stands to help millions afford lifesaving health care.” 

The “Lower Costs, Better Care” five-week tour will promote the work of lawmakers who fought tirelessly to pass this historic bill and hold Republicans accountable for rejecting measures to lower costs for the American people. Lawmakers have long promised to lower health costs and rein in high drug prices — but President Biden and Democrats actually got the job done. 

The Inflation Reduction Act will lower costs and improve health care for millions of Americans, with help on the way in just a matter of months. The legislation will lower premiums for 13 million Americans and drive down prescription drug prices by giving Medicare the power to negotiate, capping seniors’ out-of-pocket drug costs at $2,000 per year, limiting insulin copays, and stopping many of Big Pharma’s egregious price hikes. Decades in the making, this bill will help lower costs for millions of working families and seniors, and it will address the deep racial inequities in our health care system. Read more about The Inflation Reduction Act’s health care provisions here. 

Help Is On The Way – The Inflation Reduction Act By the Numbers

• 13 million Americans will save on their health insurance premiums starting in 2023, saving an average of $2,400 per family.
• 49 million Medicare beneficiaries will no longer face Big Pharma’s outrageous price hikes that outpace inflation beginning in 2023.
• $35 insulin copays for Medicare beneficiaries beginning in 2023.
• 49 million Medicare Part D beneficiaries will have out-of-pocket costs for prescription drugs capped at $2,000 per year beginning in 2025. 
• 80 of the most expensive prescription drugs will have lower prices because of Medicare negotiations by 2030.

Protect Our Care’s Care Force One will make stops in: 

Bangor, Maine on Monday, October 3, 2022
Laconia, New Hampshire on Monday, October 3, 2022
Concord, New Hampshire on Tuesday, October 4, 2022
Hartford, Connecticut on Tuesday, October 4, 2022
Allentown, Pennsylvania on Wednesday, October 5, 2022
Scranton, Pennsylvania on Wednesday, October 5, 2022
New Jersey on Thursday, October 6, 2022
Harrisburg/Pittsburgh, Pennsylvania on Friday, October 7, 2022
Morgantown, West Virginia on Friday, October 7, 2022
Cincinnati, Ohio on Monday, October 10, 2022
Cleveland, Ohio on Monday, October 10, 2022
Flint, Michigan on Tuesday, October 11, 2022
Lansing, Michigan on Tuesday, October 11, 2022
Milwaukee, Wisconsin on Wednesday, October 12, 2022
Green Bay, Wisconsin on Wednesday, October 12, 2022
Eau Claire, Wisconsin on Thursday, October 13, 2022
St. Paul, Minnesota on Thursday, October 13, 2022
Des Moines, Iowa on Friday, October 14, 2022
Kansas City, Missouri on Friday, October 14, 2022
Reno, Nevada on Monday, October 17, 2022
Las Vegas, Nevada on Tuesday, October 18, 2022
Flagstaff, Arizona on Tuesday, October 18, 2022
Phoenix, Arizona on Wednesday, October 19, 2022
Tucson, Arizona on Wednesday, October 19, 2022
Albuquerque, New Mexico on Thursday, October 20, 2022
Pueblo / Colorado Springs, Colorado on Thursday, October 20, 2022
Denver, Colorado on Friday, October 21, 2022
Richmond, Virginia on Monday, October 24, 2022
Raleigh, North Carolina on Monday, October 24, 2022
Charlotte, North Carolina on Tuesday, October 25, 2022
Augusta, Georgia on Tuesday, October 25, 2022
Atlanta, Georgia on Wednesday, October 26, 2022
Savannah, Georgia on Wednesday, October 26, 2022
Orlando, Florida on Thursday, October 27, 2022
Tampa, Florida on Thursday, October 27, 2022
Miami, Florida on Friday, October 28, 2022

TBA: October 31-November 4, 2022

Washington DC — Today, Protect Our Care enters the final Inflation Reduction Act theme week, which focuses on how the bill works to drive down health care costs for patients with cancer. Cancer is among the most expensive diseases to treat, forcing patients to pay thousands of dollars a year just to stay alive — and that’s if they are lucky enough to pay for care at all. Big drug companies have hiked the cost of cancer medications year after year, but that stops with the Inflation Reduction Act. The bill gives Medicare the power to negotiate drug prices and stops price hikes and caps out-of-pocket costs for seniors. Additionally, the historic legislation reduces premium costs for millions of Americans, ensuring people have access to affordable cancer screenings and treatment. 

“The Inflation Reduction Act is a godsend for the millions of Americans battling cancer and other serious diseases,” said Protect Our Care Executive Director Brad Woodhouse. “It is unconscionable that patients and their families are forced to worry about paying the bills while grappling with everything that comes with a cancer diagnosis. Now, thanks to President Biden and Democrats in Congress, and no thanks to a single Republican, relief is on the way to help folks pay for their prescription drugs, lower their premium costs, and give them peace of mind knowing they can access the care they need.” 

Throughout the week, Protect Our Care will continue to release fact sheets and host nationwide events with elected officials, storytellers, and health care advocates to highlight the Inflation Reduction Act’s critical measures to drive down health care and prescription drug costs.

Inflation Reduction Act Themed Weeks:

• Week 1: GOP Accountability. Week one focuses on how every Republican lawmaker in Congress stood by Big Pharma and other special interests and voted against lower health care costs for the American people.
• Week 2: Seniors. Week two is bringing attention to the Inflation Reduction Act’s provisions to lower prescription drug costs for millions of seniors. 
• Week 3: Lower Health Care Premiums. Week three focuses on how millions of Americans will save on their health care premiums thanks to the Inflation Reduction Act. 
• Week 4: Cancer. The final week highlights how patients fighting serious diseases like cancer stand to save thousands of dollars a year on their health care costs. 

FACT SHEET: The Inflation Reduction Act Lowers Costs For Americans With Cancer

The Inflation Reduction Act will drastically reduce the cost of prescription drugs for Americans enrolled in Medicare’s Part D drug benefit by allowing Medicare to negotiate drug prices, preventing drug companies from raising prices faster than the rate of inflation, and capping out-of-pocket spending on drugs to $2,000 a year for Medicare beneficiaries. This bill also extends enhanced Affordable Care Act subsidies to allow more Americans to afford coverage and help  reduce racial, income, and geographic disparities in health care and save lives. Millions of cancer patients and survivors will feel the direct financial impacts of affordable prescription drugs and health insurance from this bill.

By The Numbers:

• 30 percent of Medicare beneficiaries who face high prices for cancer treatments don’t fill their prescriptions.
• Medicare spent $5.4 billion on a cancer treatment drug Revlimid in 2020 alone.
• 1.4 million Medicare patients spend more than $2,000 on medications each year, including people who need high-cost cancer drugs
• Premium tax credits extended in the Inflation Reduction Act will allow 13 million people with pre-existing conditions, including cancer, to save money on their insurance

Read the full fact sheet here.

Kelley v. Becerra Threatens to End Free Lifesaving Preventive Health Care — From Contraception to Cancer Screenings — for 150 Million Americans

Watch the Full Event Here.

Washington DC — Today, U.S. Representative Bobby Scott (D-VA-03), legal experts and health care advocates joined Protect Our Care for a virtual press conference to discuss the latest developments in the Kelley v. Becerra lawsuit, which threatens lifesaving preventive care services guaranteed by the Affordable Care Act (ACA). 

This week, U.S. District Judge Reed O’Connor ruled to invalidate all of the benefits covered under the U.S. Preventive Services Task Force, including lifesaving colorectal and other cancer screenings, depression screenings, hypertension screenings, and access to PrEP (pre-exposure prophylaxis). Judge O’Connor’s ruling also threatens to wipe out free access to contraception, prenatal care, vaccinations, and more. More than 150 million Americans relied on these services in 2020. Read more about the case here.  

“For more than a decade, the Affordable Care Act has provided millions of Americans with access to preventive health care, such as cancer screenings, vaccinations, contraception, and chronic disease screenings, without having to pay anything out of pocket,” said House Education and Labor Committee Chairman Robert C. “Bobby” Scott (VA-03). “This week’s decision is a major step backwards and could prevent many Americans from accessing the preventive care they need to lead healthier lives. At a time when families are facing global inflation and women’s reproductive health care is under attack, we should be making health care more affordable and accessible. I remain committed to working with my colleagues, as well as organizations like Protect Our Care, to ensure Americans have access to the preventive care promised under the Affordable Care Act.”

“We know now that access to all of these incredibly important evidence-based preventive services are at risk,” said Katie Keith, Georgetown University. “If we lost these provisions, we would really return to a pre-Affordable Care Act era where each individual employer and insurance company can pick and choose what preventive services they want to cover and whether they can charge you cost sharing.” 

“Ultraconservative judges have bookended this summer with decisions that put our bodies and lives on the line,” said Sharita Gruberg, VP for Economic Justice at the National Partnership for Women & Families. “Judge O’Connor’s opinion craters the full spectrum of preventative care by invalidating the coverage requirements set forth by the United States Preventive Services Task Force, which is made up of experts at the top of their field who Judge Reed O’Connor is not one of.”

“There is a misconception that this decision only impacts a limited number of health services. In reality, this lawsuit threatens health care for more than 150 million Americans, including people with employer coverage,” said Protect Our Care Chair Leslie Dach. “Guaranteed access to free preventive care is a life or death issue, protecting people from serious diseases, reducing stark disparities in care, and ensuring children and families stay healthy. Let’s be clear: this case is politically-driven, brought by longtime adversaries of the ACA, women’s health, and LGBTQ rights. This lawsuit comes at a time when Republicans in Congress have vowed to repeal the ACA, entirely sunset Social Security and Medicare, and repeal the Inflation Reduction Act’s provisions to lower drug prices. The consequences of this ruling cannot be understated and it is essential that Judge O’Connor stay the effects of his order while this dangerous decision is appealed.”

Ruling Also Explicitly Puts Guaranteed Free Contraception at Risk

Washington DC — Yesterday, U.S. District Judge Reed O’Connor struck down a key Affordable Care Act (ACA) provision guaranteeing free preventive care relied on by millions of Americans. This ruling takes away all of the benefits covered under the U.S. Preventive Services Task Force, including lifesaving colorectal and other cancer screenings, depression screenings, hypertension screenings, and access to PrEP (pre-exposure prophylaxis). The ruling also specifically put free contraception relied on by nearly 70 million people at risk and left open the door to wipe out free access to prenatal care, vaccinations, and more. More than 150 million Americans relied on these services in 2020. Read more about the case here. 

“Health care services relied on by more than 150 million Americans are now at risk. The free preventive care guaranteed by the ACA has become a bedrock of our health care system, benefiting patients with all types of insurance, including those insured by their employer. The consequences of this ruling cannot be understated and it is essential that Judge O’Connor stay the effects of his order while this disastrous decision is appealed,” said Protect Our Care Chair Leslie Dach. “This case is politically-driven, brought by longtime adversaries of the ACA, women’s health, and LGBTQ rights. Let’s be clear: access to free preventive care protects us from serious diseases, reduces racial disparities, and saves lives. And this decision comes at a time when Republicans in Congress have vowed to repeal the ACA, sunset Social Security and Medicare, and repeal the Inflation Reduction Act’s provisions to lower drug prices.” 

HEADLINES

Axios: Republican Judge’s Ruling Give Democrats More Reason to Run on Healthcare. “For the second election cycle in a row, a Republican-appointed federal judge in Texas has given Democrats an opening to campaign on saving the Affordable Care Act. Democrats have been trying to make the case that Republicans support undoing popular health care policies — like their recently-passed prescription drug law that allows Medicare to negotiate directly with manufacturers — in addition to highlighting the party’s support for abortion bans. ‘Don’t get it twisted: the GOP does have a health care agenda, and it includes cutting Social Security and Medicare and banning abortion with no exceptions for rape or incest,’ the DNC wrote in an email earlier this week.” [Axios, 9/8/22]

Axios: Sweeping Implications for Preventive Care as Court Ruling Put Major Portion of the ACA at Risk. “A federal court ruling that struck down required coverage of HIV prevention medication may have far more sweeping implications for whether insurers will have to continue offering a range of no-cost preventive health services. ‘This is not just about PrEP. It’s much broader,’ Katie Keith, a health law expert at Georgetown University told Axios. ‘If we lose the A or B recommendations, then any employer or plan, religious objection or not, could say we’re not going to cover that anymore.’ Jonathan Adler, a Case Western Reserve University law professor, agrees. The ruling suggests ‘self-insuring employers could pick and choose what they want to cover based on religious objections to certain types of coverage.’” [Axios, 9/8/22]

Managed Healthcare Executive: Insurers Will be Forced to Increase Costs for Consumers Due to Ruling. “…the president of the nonprofit Chorus Community Health Plans in Milwaukee says that a federal lawsuit filed by conservative groups in Texas to eliminate that ACA preventive services requirement for more than 100 services may force him to do something he doesn’t want to do – make enrollees pay deductibles or copayments for these services. Zachary Sherman, executive director of Pennie, the ACA marketplace in Pennsylvania, unhappily agrees. ‘We’d push insurers to continue offering no-cost preventive services, but I can see some plans wanting to put up cost sharing to make sure their premiums are more competitive,’ he says. ‘That would erode the progress we’ve made in making sure people have ready access to immunizations and other key preventive services.’” [Managed Healthcare Executive, 9/7/22]

NBC News: Federal Judge Rules Against Free Coverage of HIV Drugs. “A federal judge in Texas has ruled that a provision of the Affordable Care Act that mandates free coverage of certain drugs that prevent HIV infections violates the religious beliefs of a Christian-owned company. ‘This ruling is shocking on every level,’ said Mitchell Warren, executive director of the HIV nonprofit AVAC. ‘It defies evidence, logic, public health and human rights and sets back enormous progress in the fight to end the HIV epidemic.’ PrEP is a ‘core component’ in the fight against the spread of HIV, he said.” [NBC News, 9/7/22]

US News: Judge Undercuts System Used to Determines Which Preventative Drugs Are Covered. “The ruling was handed down by Fort Worth-based U.S. District Judge Reed O’Connor, who ruled in 2018 that the entire ACA is invalid. The U.S. Supreme Court ultimately overturned that decision. The impact of the ruling beyond the plaintiffs was not immediately clear. But opponents condemned the decision as a threat to patients far beyond Texas. The Biden administration is likely to appeal.” [US News, 9/7/22]

Washington Post: ACA No Long Can Mandate Businesses Cover Costs of Certain Preventive Drugs. “The ruling is the latest in a series of challenges to the health-care law. O’Connor himself ruled the entire law unconstitutional in late 2018 — a decision that did not stand after the Supreme Court upheld the law 7-2 last year, the third time the body had considered such a challenge. Consumer organization Protect Our Care said the ruling ‘threatens the Affordable Care Act preventive services requirement that guarantees free access to over 100 preventive health services, including health screenings, routine vaccinations, well baby and child visits, prenatal care, contraception, and more,’ services used by 150 million Americans, according to the group.” [Washington Post, 9/7/22]

OFFICIAL STATEMENTS

House Speaker Nancy Pelosi Makes Statement on the “Extreme MAGA Judge” Who Ruled Against the ACA. “Today, a radical, Republican-appointed federal judge ruled that employers can deny coverage for PrEP: a drug proven to save lives from HIV/AIDS and a key strategy for ending the epidemic.  This disturbing decision amounts to open homophobia: unleashing unthinkable suffering and death specifically among the LGBTQ community.  This decision also threatens vital preventative health services guaranteed under the Affordable Care Act, including birth control, vaccinations and routine health screenings. This extreme MAGA ruling comes just months after the Republican-controlled Supreme Court discarded precedent and privacy in overturning Roe v. Wade.  Since then, House Republicans have plotted an unhinged, dangerous campaign to punish our most personal decisions, from abortion care to birth control and more.” [9/7/22]

President of the Cancer Action Network, Lisa Lacasse, Makes Dire Warning About the Ruling. “”Before the passage of the Affordable Care Act, high costs and unclear coverage were repeatedly cited among the top reasons people delayed or skipped screenings. We cannot risk returning to a system wherein every individual has to interpret their complex insurance plans to determine if a recommended mammogram will be covered or to determine how much their colonoscopy may cost. We strongly urge the government to swiftly appeal this ruling. Cancer patients, survivors and all those at risk for the disease cannot face undue barriers around cost and coverage of these services” [9/7/22]

Dean of Rutgers School of Public Health, Perry Halkitis, Condemns Texas Judge’s Ruling. “The ruling by U.S. District Judge Reed O’Connor is extremely shortsighted. It is reminiscent of decisions in the 1990s to prevent the distribution of condoms in schools. Without covering PrEP, highly at-risk populations — mostly gay and bisexual men and Black women — will continue to become infected with HIV, perpetuating this ongoing epidemic in our society. The decision of the judge is ultimately one that will spread further disease and cause harm to the people of Texas. In the end, this will lead to an increase in the number of infections in people living with HIV in Texas and across the United States, creating a larger number of individuals who require lifelong treatment and creating burdens on their lives and creating burdens on our economy.” [9/7/22]

Executive Director of HIV+Hepatitis Policy Institute, Carl Schmid, Makes a Statement to News Outlets. ““Preventive services covered by private insurance plans without cost-sharing, such as HIV testing, hepatitis B and C testing, and PrEP, are all critical and well-established public health preventive services that must continue. To single out PrEP, which are FDA approved drugs that effectively prevent HIV, and conclude that its coverage violates the religious freedom of certain individuals, is plain wrong.” [9/7/22]

***MEDIA ADVISORY FOR THURSDAY SEPTEMBER 8***

Wisconsin Senator Baldwin, Rep. Gallego (AZ-07), and Advocates to Discuss the Inflation Reduction Act’s Impact on Lowering Health Care Costs for Millions of Americans

The Inflation Reduction Act will lower the cost of health insurance and drive down prescription drug prices by giving Medicare the power to negotiate, capping seniors’ out-of-pocket costs for drugs at $2,000 per year, capping insulin costs, and stopping Big Pharma’s egregious price hikes. This bill will help lower costs for millions of working families, address the deep racial inequities in our health care system and save lives. This historic legislation ends a 20-year era of pharmaceutical companies’ greed taking precedence over the health and well-being of the American people.

With the Inflation Reduction Act, President Biden and Democrats have made history and  delivered on their promise to lower health care costs and rein in high drug prices — a stark contrast from  every Republican who voted no. American families have been asking and waiting for this day, and now help is on the way.

PRESS EVENTS

WISCONSIN

WHO:
U.S. Senator Tammy Baldwin
Wisconsin Alliance for Retired Americans President Gary Mitchell
Wisconsin senior Jan K. (Brookfield, WI)

WHAT: Virtual Press Conference

WHEN: Thursday, September 8 at 11:15 AM CT / 12:15 PM ET

WHERE: Register to join the Zoom event (Registration required)

ARIZONA

WHO:
Congressman Ruben Gallego
Protect Our Care
Honest Arizona
CHISPA
AARP
HECHO
Poder Latinx
Unlimited Potential

WHAT:  Arizonans highlighting impact of the Inflation Reduction Act

WHEN:  Thursday, September 8, 11:30 AM AZ Time

WHERE:  CHISPA, 733 W McDowell Rd, Phoenix, AZ 85020

RSVP: Press should RSVP to receive their credentials by contacting Les Braswell at (803) 429-6260 or [email protected].

Watch the Full Event Here. 

Washington, D.C. — Today, U.S. Representative Jan Schakowsky (D-IL-09) and health care advocates joined Protect Our Care for a virtual press conference discussing how millions of seniors will benefit from the Inflation Reduction Act’s provisions to drive down prescription drug costs. Speakers also highlighted how the historic legislation works to drive down premium costs for millions of Americans. 

The event comes as Protect Our Care is continuing to highlight the Inflation Reduction Act’s critical measures to drive down health care costs, reduce prescription drug prices, and combat racial disparities in care. This week, Protect Our Care is focusing on how the bill reduces health care premiums for 13 million families purchasing coverage on the Affordable Care Act (ACA) marketplaces. More information on Protect Our Care’s Inflation Reduction Act theme weeks can be found here. 

“Since the Affordable Care Act, the Inflation Reduction Act is the greatest advancement that we have seen in American health care, and millions and millions of people are going to benefit from it,” said U.S. Representative Jan Schakowsky. “Big Pharma’s greed has no limit, and they will charge what they can — until now. We need lower costs. We need negotiation. We need to say that the pharmaceutical companies are going to be limited in how much they can charge for medication. Now, we’re putting the brakes on what Big Pharma can do.” 

“The Inflation Reduction Act is a game-changer for our nation’s seniors,” said Protect Our Care Communications Director Anne Shoup. “As soon as next year, folks will begin to reap the benefits of this historic legislation through lower drug prices, premium savings, and more. Thanks to President Biden and Democrats in Congress, not only will seniors and families save thousands of dollars a year, but they will also be able to access the health care they need and deserve.”  

“The Inflation Reduction Act will bring down the cost of health care for millions of seniors, and I’m one of them,” said Doug Hart, a member of the Arizona Alliance for Retired Americans. “I have Medicare, but the amount I currently still have to pay out of pocket for my prescription drugs is $6,500 a year. I’m one of the 49 million seniors that will see relief after having out-of-pocket costs for prescription drugs capped at $2,000 per year. Capping annual out-of-pocket under Part D will eliminate a major source of anxiety for me.”

“Without the Inflation Reduction Act, health insurance costs in West Virginia would have shot up by a staggering 63%. For our teeny tiny state, West Virginians are saving more than $36 million just from this single extension,” said Dr. Jessica Ice, Executive Director of West Virginians for Affordable Health Care and patient storyteller from West Virginia. “In addition, it is estimated that there will be 5000 fewer uninsured West Virginians in 2023 than if the act had not passed. For us, that’s more than just a nice statistic. It really shows how the Inflation Reduction Act translates into people’s lives.”

Washington DC — Today, U.S. District Judge Reed O’Connor ruled to invalidate a key set of preventive health care services that millions of Americans rely on. The Kelley v. Becerra lawsuit threatens the Affordable Care Act (ACA) preventive services requirement that guarantees free access to over 100 preventive health services, including health screenings, routine vaccinations, well baby and child visits, prenatal care, contraception, and more. In 2020 alone, more than 150 million Americans used these services. 

Today’s ruling invalidated all of the benefits covered under the U.S. Preventive Services Task Force, including lifesaving colorectal and other cancer screenings, depression screenings, hypertension screenings, and access to PrEP (pre-exposure prophylaxis), which can reduce the chance of contracting HIV. Judge O’Connor also threatened to go further and eliminate all of the guaranteed preventive services under the ACA. 

In July, 24 organizations representing millions of people with or at risk for serious or chronic illnesses released a letter highlighting the need to protect access to preventive services. Protect Our Care also hosted an event with legal experts to outline the partisan nature of the case and its disastrous impacts. Read more about the case here.

“The free preventive care guaranteed by the ACA for over 150 million Americans has become a bedrock of the American health care system, improving health outcomes, reducing disparities in care, and cutting consumer health care costs,” said Protect Our Care Chair Leslie Dach. “This lawsuit was brought by longtime foes of the ACA, abortion rights, women’s health and LGBT rights. Given the dire consequences of this ruling, Judge O’Connor must stay the effects of his order, pending appeal. 

“This is a politically-driven lawsuit, financially supported by people with extreme views, and in front of a judge with a proven record of opposition to the ACA. If today’s ruling stands, Americans will again be at the mercy of insurance companies and employers, who could eliminate the benefits or start charging for them, forcing patients to spend thousands of dollars a year for essential care they now get for free. The health and financial security of millions of Americans is at risk.”

BACKGROUND 

The Kelley v. Becerra Plaintiffs Have Repeatedly Sued To Overturn Parts Of The ACA. John Kelley, his wife, and his company, Kelley Orthodontics filed an earlier and similar class action lawsuit against the ACA’s contraceptive mandate known as DeOtte v. Azar. Another plaintiff, Braidwood Management, owned by Dr. Steven Hotze, is also a plaintiff in DeOtte and in Kelley and has previously brought and lost challenges to other parts of the ACA. In addition to being a plaintiff in previous efforts to overturn the ACA, Hotze is a vocal advocate for multiple far-right conspiracy theories, claiming COVID-19 was an invention of the “deep state,” suggesting equal rights for LGBTQ+ individuals would lead to child molestation, and bankrolling election fraud vigilantism after making false claims regarding voter fraud in the 2020 election. 

The Lead Attorney For The Plaintiffs In Kelley V. Becerra Is One of the Key Authors SB8, Texas’ Vigilante Anti-Abortion Law. The lead attorney for the plaintiffs is Jonathan Mitchell, “who helped craft the Texas abortion law that was designed to evade judicial review by leaving enforcement to private citizens instead of government officials.” 

• Mitchell Filed Briefs Arguing the Supreme Court should Overrule its Decisions Protecting Marriage Equality and Invalidating Antisodomy Laws. Mitchell filed a brief in the Dobbs case urging the Supreme Court to overturn Roe v. Wade–and criticized Mississippi for suggesting that the Court could leave in place its 2015 ruling in Obergefell v. Hodges, holding that same-sex couples have the right to marry in all states. He said that Obergefell and Lawrence v. Texas, the 2003 ruling that invalidated all remaining state antisodomy laws,“are judicial concoctions, and there is no other source of law that can be invoked to salvage their existence.” Mitchell has also referred to PrEP, a life-saving medication that prevents HIV infection as a drug that would “facilitate and encourage homosexual behavior, prostitution, sexual promiscuity, and intravenous drug use.” 

The Plaintiffs In Kelley v. Becerra Are Also Represented By The Trump-Aligned America First Legal Foundation. The plaintiffs are “represented by America First Legal Foundation, a nonprofit led by senior members of President Donald Trump’s administration, including Trump senior adviser Stephen Miller.” Former President Trump is slated to deliver the closing address at the America First Agenda Summit on July 26, 2022.

The Judge Who Ruled On Kelley v. Becerra Is Well-Known For His Anti-Obamacare Rulings. According to CNN, U.S. District Judge Reed O’Connor is, “a Texas-based judge who has become notorious for his rulings against the Affordable Care Act under the Trump and Obama administrations.” O’Connor — an appointee of President George W. Bush and a former advisor to Sen. John Cornyn on the Senate Judiciary Committee — has issued opinions spanning over a decade that would dismantle key Obamacare provisions and now he is about to rule on Kelley v. Becerra. 

• Judge O’Connor Has Previously Ruled To Strike Down The Entire ACA, To Overturn Contraceptive Coverage Requirements, To Invalidate Vaccine Mandates, And To Limit LGBTQ+ Rights. O’Connor presided over the last major Obamacare challenge to land on the Supreme Court’s doorstep. In that case, O’Connor invalidated the entire ACA — and his decision was overturned by a 7-2 majority that included four of the Supreme Court’s conservative Justices. In addition to the individual mandate case, O’Connor also sided with Obamacare challengers who took aim at the law’s non-discrimination provisions, its contraceptive coverage requirement, and at insurance provider fees imposed on states through the law. He also recently ruled against the military’s Covid-19 vaccine mandate and has in the past issued decisions against policies that expanded LGBT rights.