Amicus Briefs
Amicus Briefs
D.C. Circuit Court of Appeals, 2025
Was the HHS Secretary’s decisions to allow Indiana to continue to restrict Medicaid eligibility in its Section 1115 demonstration waiver arbitrary?
Medina v. Planned Parenthood South Atlantic (formerly Kerr v. Planned Parenthood South Atlantic)*
Supreme Court, 2025
Do Medicaid enrollees have a legally enforceable right to obtain covered family planning services from their provider of choice?
Supreme Court, 2025; Three 5th Circuit Court of Appeals, 2023; District Court, 2022
Is the Affordable Care Act’s requirement that health insurers provide cost-free coverage of preventive services constitutional?
9th Circuit Court of Appeals, 2024; Supreme Court, 2024
Is Idaho’s state law prohibiting abortion preempted by the federal Emergency Medical Treatment and Labor Act (EMTALA), which requires hospital emergency departments to provide abortion care when necessary to stabilize an emergency medical condition that seriously threatens a pregnant person’s health?
District Court, 2024
Do Florida’s Medicaid termination notices violate enrollees’ constitutional due process rights?
Health and Hospital Corporation of Marion County v. Talevski*
Supreme Court, 2022
Can Medicaid enrollees seek relief from federal courts when state officials violate their federal right to be free of abuse and neglect in nursing homes?
National Federation of Independent Business v. Dept. of Labor (formerly In Re OSHA Rule)
Supreme Court, 2021; 6th Circuit Court of Appeals, 2021
Should the Occupational Health and Safety Administration (OSHA) be permitted to enforce its emergency temporary standard requiring large employers to have their employees either get the COVID-19 vaccine or comply with enhanced safety measures (face coverings and weekly testing), while lawsuits challenging the rule are pending?
Biden v. Missouri; Becerra v. Louisiana
Supreme Court, 2021
Should HHS’s rule requiring healthcare workers at facilities that participate in Medicare and Medicaid to receive the COVID-19 vaccine be allowed to take effect, pending a final decision in a lawsuit challenging that rule?
Dobbs v. Jackson Women’s Health
Supreme Court, 2021
Are all pre-viability prohibitions on elective abortions unconstitutional?
Becerra v. Gresham (formerly Cochran v. Azar) (formerly Gresham v. Azar)
Supreme Court, 2021 (combined with Philbrick v. Azar); DC Circuit Court of Appeals, 2020 (combined with Stewart v. Azar); District Court, 2019
Was the HHS Secretary’s approval of Arkansas’s Section 1115 demonstration waiver, which conditioned Medicaid eligibility on meeting a work reporting requirement, arbitrary and capricious?
Supreme Court, 2021 (combined with Becerra v. Gresham); District Court, 2019
Was the HHS Secretary’s approval of New Hampshire’s Section 1115 demonstration waiver, which conditioned Medicaid eligibility on meeting a work reporting requirement, arbitrary and capricious?
4th Circuit Court of Appeals, 2021
Should the Trump Administration’s public charge rule be temporarily blocked from taking effect while lawsuits challenging the rule are pending?
New York v. U.S. Department of Homeland Security
2nd Circuit Court of Appeals, 2021
Should the Trump Administration’s public charge rule be temporarily blocked from taking effect while lawsuits challenging the rule are pending?
California Supreme Court, 2020
Does California have a mandatory duty to perform Medicaid eligibility determinations for all applications within 45 days of completion?
Supreme Court, 2020
Do Texas and individual plaintiffs have standing to challenge the Affordable Care Act (ACA)? If so, did the Tax Cuts and Jobs Act, which set the penalty for violating the mandate at $0.00, render the individual mandate unconstitutional? If the individual mandate is unconstitutional, is it severable from the remainder of the ACA?
9th Circuit Court of Appeals, 2019
Should HHS’s rule preventing healthcare providers at federally funded Title X family planning clinics from referring patients for abortions be temporarily blocked from taking effect while lawsuits challenging the rule are pending?
DC Circuit Court of Appeals, 2019 (combined with Becerra v. Gresham); District Court, 2018
Was the HHS Secretary’s approval of Kentucky’s Section 1115 demonstration waiver, which conditioned Medicaid eligibility on meeting a work reporting requirement, arbitrary and capricious?
Supreme Court, 2015
Does the IRS have authority to issue a regulation that makes Affordable Care Act (ACA) premium subsidies available in states with a federally-run Marketplace?
National Federation of Independent Business v. Sebelius;Florida v. HHS (Medicaid expansion issue)
Supreme Court, 2012
Does the Affordable Care Act’s (ACA) Medicaid expansion violate Congress’s spending clause power?
Funding Acknowledgement
*Indicates amicus briefs supported by the Commonwealth Fund, a national, private foundation based in New York City that supports independent research on health care issues and makes grants to improve health care practice and policy. The views presented here are those of the authors and not necessarily those of the Commonwealth Fund, its directors, officers, or staff.