The ruling Wednesday by Judge Reed O’Connor in Texas escalates another battle over ObamaCare and could jeopardize access to preventive care for millions of Americans, including screenings for colon and rectal cancer, depression and hypertension, among many other services. Trying to save the Affordable Care Act (ACA) has proven effective for Democrats in the past: The party used the GOP’s 2017 effort to repeal the law to mount a successful 2018 campaign to take control of the House . Earlier this year, the Supreme Court’s June decision to overturn Roe v. Wade gave Democrats another health issue to galvanize their base with — and now it looks like they want to build on that strategy with O’s decision Connor. “With the GOP’s utter disregard for our health, safety and freedom, it’s only a matter of time before another drug, treatment, vaccine or health care service becomes the next target of extremism,” House Speaker Nancy Pelosi (Calif.). he said in a statement shortly after the ruling. Pelosi also indicated that Democrats will try to tie the decision directly to the GOP’s “extreme MAGA” agenda and the Supreme Court’s decision to overturn Roe v. Wade. “This extreme MAGA decision comes just months after the Republican-controlled Supreme Court rejected precedent and privacy in overturning Roe v. Wade. Since then, House Republicans have mounted a relentless, dangerous campaign to punish our most personal decisions, from abortion care to birth control and more,” Pelosi said. Frederick Isasi, executive director of the liberal group Families USA, said it’s a “very straight line” between the Supreme Court’s decision on abortion and the O’Connor decision. “I think the big message here is that it’s another example … where a small group of people who have very ideological or hard-line religious views are now changing our laws to limit people’s freedom and their ability to access health care services Isasi said. While issues like inflation, gas prices and immigration have dominated campaign rhetoric on the Democratic side, Democrats are hammering Republicans on health issues like abortion and prescription drug costs. O’Connor’s decision adds more fuel to the fight. “As a thirty-five-year survivor of ovarian cancer, I am outraged that this judge would take us back to the days before the ACA, when people suffered pain and even death because coverage for routine cancer screenings was not guaranteed without co-pays. cost”. Rep. Rosa DeLauro (D-Conn.) said. The decision shows “that conservatives on the bench are on track to roll back a number of hard-won freedoms that Americans have won,” DeLauro said. O’Connor has a history of running against ObamaCare, as well as other Democratic policies. In 2018, O’Connor sided with a coalition of GOP attorneys general and struck down the entire health law as unconstitutional, a decision that was eventually overturned at the Supreme Court in 2020. The Biden administration said it is reviewing the decision and is expected to appeal. Additional updates from both sides were due Friday, but O’Connor granted an extension until Sept. 16. Under ObamaCare, any service or drug that receives a level “A” or “B” recommendation from the US Preventive Services Task Force (USPSTF), a volunteer panel of experts, must automatically be added to a list of free services covered by insurers . There are more than 100 services on the list, and experts say the requirement has led to better health outcomes But O’Connor ruled that any agencies recommended by USPSTF members are invalid because they are “unconstitutionally appointed.” The decision also specifically targeted the HIV drug regimen known as pre-exposure prophylaxis, or PrEP. O’Connor said ObamaCare’s requirement that PrEP be fully covered infringes on the religious freedom of a company owned by Steven Hotze, a well-known Republican donor who has challenged ObamaCare in other cases. Hotze argued that forcing PrEP coverage “facilitates and encourages homosexual behavior, intravenous drug use, and sexual activity outside of marriage between a man and a woman.” Katie Keith, director of the Health Policy and Law Initiative at Georgetown University law school, said O’Connor did not specify how broad the ruling would be. It could apply only to the plaintiffs who filed this lawsuit, or it could repeal the entire provision of the ACA. Keith said it was “disappointing” to see another legal challenge to the ACA. “We now know that access to all of these incredibly important evidence-based preventive services is at risk,” Keith said. “If we were to lose these provisions, we would really be going back to an era of the Affordable Care Act where each individual employer and insurance company can pick and choose which preventive services they want to cover and whether they can charge you cost-sharing.” Health care has not been a winning campaign issue for Republicans in recent cycles. Since failing to repeal the health care law in 2017, the GOP has remained largely silent on the issue of ObamaCare. Fighting inflation can be painful. Here’s how Americans will feel How a railroad strike could send food prices skyrocketing Vulnerable GOP candidates have also recently softened their language on abortion and even tried to purge references to past comments on the issue from their campaign websites. Isasi said that if Republicans object to O’Connor’s decision, they should speak up. “We know this is a judge who is very aligned with Republican politics. He is very ideological. And it is the responsibility of its conservative members [Republican Party] to speak up and say it is too far,” Isasi said.
