Cost-Free Preventive Care Under the ACA Faces Legal Challenge 

2 Pages Posted: 22 Apr 2025

See all articles by Abbe R. Gluck

Abbe R. Gluck

Yale University - Law School

Lawrence O Gostin

Georgetown University - The O'Neill Institute for National and Global Health Law

Date Written: May 23, 2023

Abstract

The same federal judge in Texas who struck down the entire Affordable Care Act (ACA) in 2018 (which was later reversed by the US Supreme Court) has now invalidated a core protection of the law: cost-free preventive care. These services range from cancer screening to pregnancy care and have benefited more than 150 million US residents of all backgrounds, improved health outcomes, and helped reduce disparities. Like previous attempts to undercut the ACA, this one stems from a continuing desire to dismantle the law, stifle administrative agencies, and undermine Congress’ authority to design federal programs. It also stems from animus toward LGBTQ+ individuals and those with substance use disorder. Almost 13 years to the date of its enactment, it is remarkable that the fight over the ACA continues. The statute has survived an unprecedented 8 trips to the US Supreme Court and almost 100 attempts at repeal. The ACA has also proved itself to become the US’ health workhorse,1 rising to swell the safety net to support the nation through the pandemic, along the way enabling some 35 million individuals to obtain affordable, quality insurance—21 million of them with low income thanks to the ACA’s Medicaid expansion. Most people in the US do not even realize how they benefit from the ACA every single day

Keywords: braidwood, preventative care

Suggested Citation

Gluck, Abbe R. and Gostin, Lawrence O, Cost-Free Preventive Care Under the ACA Faces Legal Challenge  (May 23, 2023). Yale Law School, Public Law Research Paper, Available at SSRN: https://ssrn.com/abstract=5154501 or http://dx.doi.org/10.2139/ssrn.5154501

Abbe R. Gluck

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States
203 432 6703 (Phone)

Lawrence O Gostin (Contact Author)

Georgetown University - The O'Neill Institute for National and Global Health Law ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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