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  • 1Katie Keith, J.D., M.P.H., is an associate research professor at Georgetown University's Center on Health Insurance Reforms and teaches courses on the Affordable Care Act (ACA) and LGBT health law and policy at Georgetown University Law Center. She specializes in ACA implementation and provides "Following the ACA" rapid response analysis for Health Affairs. She is an appointed consumer representative to the National Association of Insurance Commissioners and maintains an active consulting practice, where she advises nonprofits and foundations on health care issues. Ms. Keith received her law degree from Georgetown University Law Center in Washington, DC and holds a Master's in Public Health from Johns Hopkins University Bloomberg School of Public Health in Baltimore, Maryland. Joel McElvain, J.D., is a partner in the health care practice group of King & Spalding LLP. He previously served as an Assistant Director of the Federal Programs Branch at the U.S. Department of Justice, where he supervised the defense of litigation involving the Department of Health and Human Services. Mr. McElvain participated in the government's defense of numerous cases challenging the constitutionality or implementation of the Affordable Care Act, including National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012), and King v. Burwell, 135 S. Ct. 2480 (2015). Mr. McElvain received his law degree from Harvard Law School in Cambridge, Massachusetts.

The Journal of Law, Medicine & Ethics : a Journal of the American Society of Law, Medicine & Ethics
|October 6, 2020
PubMed
Summary

The Affordable Care Act (ACA) has endured many legal battles, often concerning executive power and implementation. Courts significantly influence health reform, impacting future healthcare policy directions.

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Area of Science:

  • Health Law and Policy
  • Public Health Litigation

Background:

  • The Affordable Care Act (ACA) has been a frequent target of legal challenges since its inception.
  • Litigation often centers on the implementation of the law and the scope of executive authority.

Observation:

  • Opponents challenged the ACA during the Obama administration, while supporters used courts to counter Trump administration efforts to weaken it.
  • Congressional gridlock on health policy has led to increased reliance on executive actions, subsequently triggering more lawsuits.

Findings:

  • This article reviews the historical context and reasons for the persistent litigation surrounding the ACA.
  • It identifies potential future areas of health policy ripe for legal challenges.

Implications:

  • The judiciary's role in health reform is substantial, shaping the future landscape of healthcare policy.
  • Understanding litigation trends is crucial for navigating and influencing health policy development and reform efforts.