Fifth Circuit Issues Administrative Stay Blocking District Court Decision Striking Down Obamacare Preventive Care Insurance Mandates
Earlier today, the US Court of Appeals for the Fifth Circuit issued an administrative stay blocking implementation of federal district Judge Reed O’Connor’s ruling in Braidwood Management, Inc. v. Becerra. Judge O’Connor had invalidated some key Affordable Care Act regulations that require insurance plans to cover various types of preventive care without any cost-sharing by patients.
An administrative stay is just a temporary ruling freezing the status quo until an appellate court has a chance to more fully consider arguments for expedited relief. Still, such stays can last for months, though sometimes they are quickly lifted. The decision to issue one is at least a modest sign that appellate judges view the lower court ruling with skepticism. The Fifth Circuit panel that hears the case on the merits will ultimately decide whether or not to grant a more permanent stay pending appeal. That panel will have a different membership from the motions panel that granted the administrative stay. Still, it may be worth noting that the motions panel included two conservative judges (Clement and Southwick) and one liberal (Higginson).
I wrote about the district court ruling and the issues at stake in the case in more detail here.
Article from Reason.com
