NEW ORLEANS – The federal appeals court judges are looking for a compromise on whether government requirements that health insurance also covers HIV prevention, cancer screening and some other types of screening can be maintained while litigation over mandates is ongoing.
The panel of the US Fifth Circuit Court of Appeals on Wednesday asked attorneys for both sides to report by Friday on the possibility of a temporary compromise in the case.
It follows a March ruling by a Texas federal judge who said some of the screening requirements under former President Barack Obama’s 13-year-old health care law were unconstitutional. The decision jeopardized the free provision of HIV prevention drugs, cancer screening and various other forms of screening to millions of Americans.
The New Orleans-based 5th US District Court blocked immediate enforcement of the verdict in May. On Tuesday, three 5th Circuit judges heard arguments over whether to continue to stay enforcement of the verdict during what could be a lengthy appeals process.
A lawyer for the plaintiffs in the case — including a conservative activist and a Christian dentist who oppose contraception and HIV prevention coverage for religious reasons — told the court Tuesday that a stay was unnecessary. Attorney Jonathan Mitchell said it’s unlikely that insurers and employers that provide employee health insurance would drop preventive coverage until the case is finally resolved.
Judge Leslie Southwick, one of the three appeals judges in the case, was skeptical. “You may be right, but it’s really speculation if you want us to use some of our flair for how insurance companies are responding,” Southwick said.
Attorneys for the Biden administration stressed that they do not aim to block enforcement to protect plaintiffs in the case from the obligation to provide preventive care. They want a stay that prevents the Texas judge’s ruling from being applied statewide while the appeals are heard.
The panel ordered a report on the compromise efforts to be presented by Friday 5 p.m.
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