October 20, 2021

Volume XI, Number 293


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October 18, 2021

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SCOTUS Watch: The ACA and Key Health Law Areas Justice Barrett Could Impact [PODCAST]

Oral arguments in California v. Texas offer a glimpse at how the Supreme Court might rule in deciding the fate of the Affordable Care Act (“ACA”). Attorneys Stuart Gerson and Tim Murphy also look at what Justice Amy Coney Barrett’s recent appointment means for the ACA and other health law decisions in the upcoming term.

Here’s a preview:

  • “We're now faced with a situation where we could very well have a national calamity if the [Supreme] Court were to invalidate the entire Affordable Care Act.” —Stuart Gerson, Member of the Firm

  • “We get surprised, and rather quickly so, by [Supreme Court] appointees. Looking at how, for example, Justice Gorsuch has reacted in several recent cases, you know that there are no sure things.” —Stuart Gerson, Member of the Firm

  • “And even if Congress was to act, there's no guarantee that they would do so without need for litigation afterwards under the ERISA statute, right? So, they could amend it in a way that still leaves a chance for further court cases to come.” —Tim Murphy, Associate

Read more about California v. Texas and other key health law cases at http://www.scotustoday.com/.

The Diagnosing Health Care podcast series examines the business opportunities and solutions that exist despite the high-stakes legal, policy, and regulatory issues that the health care industry faces.

©2021 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume X, Number 324

About this Author

Stuart Gerson, Health Care Attorney, Epstein Becker Law Firm
Member of the Firm

STUART M. GERSON is a Member of the Firm in the Litigation and Health Care & Life Sciences practices, in the firm's Washington, DC, and New York offices. Much of Mr. Gerson's practice has been centered on providing representation to clients in the health care industry (including insurers, hospitals, pharmaceutical manufacturers, managed care providers, and private equity funds, among others). He has extensive experience litigating cases involving the cybersecurity of health care information, trade secrets, and other confidential data as well as civil...

Timothy Murphy, Health Attorney, Epstein Becker Law Firm

Timothy J. Murphy is an Associate in the Health Care and Life Sciences practice, in the Washington, DC, office of Epstein Becker Green.

Mr. Murphy:

  • Advises clients on issues arising under Medicare, Medicaid, and other third-party reimbursement programs
  • Assists clients in developing managed care contracts, affiliation agreements, value-based payment arrangements, management services agreements, and various other health care-related agreements
  • Informs health care providers, insurers, and health-related companies of legislative and regulatory trends and...