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Constitutional Challenges Department of Justice (DOJ) Healthcare

A&O Shearman

Pharma Company Brings Latest Constitutional Challenge To False Claims Act In Third Circuit

A&O Shearman on

On April 29, 2025, a pharmaceutical company filed the latest constitutional challenge to the qui tam provision of the False Claims Act (“FCA”) when it appealed in the United States Court of Appeals for the Third Circuit a...more

Seyfarth Shaw LLP

Supreme Court Upholds Tennessee Transgender Care Ban

Seyfarth Shaw LLP on

In a widely awaited for decision, the Supreme Court in a 6-3 opinion authored by Justice Roberts held that a Tennessee law which prohibits certain medical treatments (puberty blockers and hormones) for transgender minors,...more

Snell & Wilmer

U.S. Attorney General Issues Memorandum to DOJ Regarding Enforcement of Prohibitions on Healthcare for Transgender Children

Snell & Wilmer on

On April 22, 2025, U.S. Attorney General Pam Bondi released a memorandum outlining new Department of Justice (DOJ) enforcement measures aimed at limiting gender-affirming care for transgender youth (the Memorandum).1 The AG...more

Littler

DOJ Files a Statement of Interest in a Federal Lawsuit Against the NY Department of Health and Court Issues a Preliminary...

Littler on

As previously discussed, in Engesser v. McDonald, a class of Medicaid beneficiaries who receive personal care and home care services through New York’s CDPA Program (Consumers), and two independent living centers...more

McDermott Will & Schulte

Reproductive Health Under the Trump Administration So Far: What’s New and What’s Next

Over the past two months, the second Trump administration has shifted federal policies and priorities regarding abortion, in vitro fertilization (IVF), contraception, and other reproductive-health-related matters – and it is...more

King & Spalding

Recent Decisions and DOJ Policy Announcements Signal Key Changes to FCA Enforcement and Litigation Environment

King & Spalding on

Recent legal and political False Claims Act (“FCA”) developments signal a potentially turbulent time for the defense of investigations and lawsuits brought under the FCA...more

Snell & Wilmer

Federal Judge Extends Block on Executive Orders Limiting Gender-Affirming Care

Snell & Wilmer on

On January 28, 2025, President Trump issued an executive order restricting access to gender affirming care for individuals under the age of nineteen (the Executive Order). Within two weeks of its issuance, two federal courts...more

Stevens & Lee

Health Care Antitrust Update Part II: Recent Federal and State Enforcement Initiatives and Litigation Involving the FTC’s...

Stevens & Lee on

Over the past several months, antitrust enforcement activity in the healthcare provider sector has continued to steadily increase. In Part I of this two-part update, we discussed recent lawsuits involving private equity...more

Sheppard Mullin Richter & Hampton LLP

Navigating the Wild West of the New ACA Preventative Care Ruling

On March 30, Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas issued a decision in Braidwood Management Inc. v. Becerra (“Braidwood”), invalidating the Affordable Care Act’s (“ACA’s”) mandate...more

Snell & Wilmer

What is the Fate of ACA? No Answers Yet from the Fifth Circuit.

Snell & Wilmer on

Background - As noted in our previous December 2018 blog post, “Texas Judge Declares the Affordable Care Act Unconstitutional – What’s Next?,” and our October 2019 newsletter, “2019 End of Year Plan Sponsor “To Do” List...more

Sheppard Mullin Richter & Hampton LLP

Update to Texas v. United States

In our December blog post, we discussed Texas v. United States, No. 19-10011 (5th Cir.), a Texas federal district court decision which struck down the entirety of the Affordable Care Act (“ACA”). The case is being appealed to...more

Snell & Wilmer

Texas Judge Declares the Affordable Care Act Unconstitutional – What’s Next?

Snell & Wilmer on

As reported in our “2018 End of Year Plan Sponsor “To Do” List (Part 1) Health & Welfare,” the Tax Cuts and Jobs Act repealed the individual mandate, which spawned a lawsuit challenging the whole of the Affordable Care Act...more

Epstein Becker & Green

Is the Affordable Care Act a House of Cards? If Yes, What Does the Recent Texas Court Decision Mean for the US Health Insurance...

Epstein Becker & Green on

In an unexpectedly broad ruling issued December 14, 2018, the U.S. District Court for the Northern District of Texas declared the Affordable Care Act (“ACA”) as unconstitutional in its entirety. This decision, if ultimately...more

Mintz - Health Care Viewpoints

What's Next After the Texas vs. Azar Ruling?

On Friday, December 14th, Judge Reed O’Connor, a Texas Federal District Court Judge, ruled on the case Texas vs. Azar. As background, Texas vs. Azar was filed by 20 Republican state attorneys general and governors. The...more

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