MAGA Fifth Circuit Upholds Nationwide Protections But Rules Extremist Plaintiffs Not Required to Cover Preventive Care
Washington, DC — Today, the Fifth Circuit Court of Appeals upheld nationwide coverage of the critical benefits endorsed by the U.S. Preventive Services Task Force in Braidwood Management v. Becerra, protecting free preventive care for more than 150 million Americans. The court also ruled that the employers who brought the case do not have to cover these preventive services through their health plans, and sent back to the district court the questions of whether employers must continue to cover preventive services recommended by the Advisory Committee on Immunization Practices (ACIP) and Health Resources and Services Administration (HRSA). The decision leaves free preventive services at risk as the case proceeds through the legal system and opens the door to further litigation.
This case – brought by extremist, longtime foes of the Affordable Care Act (ACA), abortion rights and reproductive freedom, marriage equality, vaccination mandates, and diversity policies – aimed to invalidate critical benefits endorsed by the U.S. Preventive Services Task Force, including lifesaving lung, breast, and colorectal cancer screenings, anxiety and depression screenings for children and adults, heart disease screenings, intimate partner violence screenings, and access to PrEP (pre-exposure prophylaxis), which can reduce the chance of contracting HIV.
In response, Protect Our Care Chair Leslie Dach issued the following statement:
“Thankfully this decision today by the Fifth Circuit didn’t take access to preventive care away from the more than 150 million Americans who rely on it, but unfortunately this lifesaving care is still under threat from MAGA Republicans. Millions of Americans can breathe a sigh of relief knowing they can continue to access free lifesaving services, such as routine screenings for cancer, diabetes, mental health, and heart disease, recommended vaccinations, contraception and pregnancy-related care, and more. But the MAGA agenda is clear: rip away health care from millions of families, hike costs, and put insurance and drug companies back in charge. The MAGA Republican ‘Project 2025’ blueprint calls for repealing the ACA completely. Families across the nation deserve access to lifesaving care at little to no cost so they will not be forced to choose between going to the doctor and paying for other essentials like groceries and rent.”
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