Category: Courts/First Amendment

Courts/First Amendment

Courts/First Amendment

ACA Survives SCOTUS Scrutiny, Latest in “String of Victories”

ACA Survives SCOTUS Scrutiny, Latest in “String of Victories”

June 17, 2021 – Today the U.S. Supreme Court dismissed a lawsuit claiming that the Affordable Care Act (ACA) is unconstitutional, leaving it as the law of the land. The Court ruled that the plaintiffs—a group of Republican attorneys general and two individuals—do not have legal standing to sue. According to Coalition for Healthcare Communication […]

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Courts/First Amendment

Maryland Sued Over Digital Ad Tax

Maryland Sued Over Digital Ad Tax

Feb. 19, 2021 – On Feb. 18, four trade groups – the U.S. Chamber of Commerce, the Internet Association, NetChoice, and the Computer and Communications Industry Association, whose members include tech giants Amazon, Facebook and Google – filed a lawsuit in the U.S. District Court for the District of Maryland stating that Maryland’s new digital […]

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Courts/First Amendment

U.S. Supreme Court Questioning Casts Some Doubt on Severability in ACA Case

U.S. Supreme Court Questioning Casts Some Doubt on Severability in ACA Case

Nov. 11, 2020 – In yesterday’s oral arguments before the U.S. Supreme Court in the case concerning the constitutionality of the Affordable Care Act (ACA), several conservative justices, including two added to the bench since the last time the Supreme Court affirmed the ACA – Justices Neil Gorsuch and Brett Kavanaugh – asked questions that […]

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Courts/First Amendment

Ginsburg’s Passing Heightens Concerns over ACA

Ginsburg’s Passing Heightens Concerns over ACA

Sept. 24, 2020 – As the U.S. Supreme Court prepares to hear a case about the constitutionality of the Affordable Care Act (ACA) soon, the passing of Supreme Court Justice Ruth Bader Ginsburg sharply increases the possibility that the ACA will be ruled unconstitutional, according to Coalition for Healthcare Communication Executive Director Jon Bigelow. The […]

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Courts/First Amendment

D.C. Circuit Court Affirms Lower Court Ruling on Drug Price Disclosure Rule, Pulls No Punches

D.C. Circuit Court Affirms Lower Court Ruling on Drug Price Disclosure Rule, Pulls No Punches

June 17, 2020 – The U.S. Court of Appeals for the D.C. Circuit yesterday affirmed the U.S. District Court for the District of Columbia opinion that set aside the Center for Medicare and Medicaid Services (CMS) rule calling for drug manufacturers to disclose drug list prices in direct-to-consumer television ads. In the June 16 opinion, […]

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Courts/First Amendment

In Surprise Move, SCOTUS to Rule on Constitutionality of ACA Next Term

In Surprise Move, SCOTUS to Rule on Constitutionality of ACA Next Term

March 4, 2020 — The U.S. Supreme Court delivered a surprise on March 2 when it announced it will hear a challenge to the constitutionality of the Affordable Care Act (ACA) next term, leap-frogging over the process that was playing out in lower courts. Oral arguments have not yet been scheduled, but are likely to […]

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Courts/First Amendment

Appeals Court Ruling Leaves ACA in Place for Now and Likely Through 2020 Election

Appeals Court Ruling Leaves ACA in Place for Now and Likely Through 2020 Election

Jan. 3, 2020 – A late-December ruling from the U.S. Court of Appeals for the Fifth Circuit agreed with the U.S. District Court in Texas that the Affordable Care Act’s (ACA’s) individual mandate – which was premised on Congress’ taxing authority – was rendered invalid when the 2017 tax bill set the tax penalty at […]

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Courts/First Amendment

Drug Companies Forcefully Counter HHS Appeal on Mandatory Drug Prices in DTC TV Ads

Drug Companies Forcefully Counter HHS Appeal on Mandatory Drug Prices in DTC TV Ads

Nov. 18, 2019 – Amgen, Eli Lilly, Merck & Co. and the Association of National Advertisers (ANA) are once again striking back at the U.S. Department of Health and Human Services (HHS) effort to mandate drug prices in direct-to-consumer (DTC) television ads. Although the four entities sued HHS over its recent regulation calling for the […]

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Courts/First Amendment

HHS Appealing Federal Court Ruling that Set Aside Drug Prices in TV Ads Rule

HHS Appealing Federal Court Ruling that Set Aside Drug Prices in TV Ads Rule

Aug. 26, 2019 — The Department of Health and Human Services (HHS) last week filed a notice in the U.S. District Court for the District of Columbia stating that it would appeal the July 8 decision of U.S. District Court Judge Amit P. Mehta that declared invalid and set aside the Centers for Medicare & […]

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Courts/First Amendment

Court Rules Mandatory Drug Price Disclosure Rule Invalid, Stating CMS Lacks Statutory Authority

Court Rules Mandatory Drug Price Disclosure Rule Invalid, Stating CMS Lacks Statutory Authority

July 9, 2019 – One day before the Centers for Medicare & Medicaid Services’ (CMS’) final rule requiring drug companies to disclose the wholesale acquisition cost (WAC) or “list price” of their drugs in television ads was due to go into effect, the U.S. District Court for the District of Columbia issued a memorandum opinion […]

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