It is not clear if the administration plans to ask for that pause. The Justice Department has not filed a request that O’Connor’s rulings be paused for the appeal. It’s possible they file their own appeal of O’Connor’s rulings. The challengers in the case – individuals and employers in Texas – lost on several of their other claims against the preventive care mandates. ![]() The Biden administration is also appealing O’Connor’s earlier ruling that the task force’s recommendations violated the Constitution’s Appointments Clause and that requiring HIV-prevention drugs to be covered at no cost violated the Religious Freedom Restoration Act. The Justice Department filed a notice of appeal on Friday. The full extent of the ruling’s impact and when its effects could be felt are unclear. Other preventive care mandates under the ACA remain in effect. The judge also deemed unlawful the ACA requirement that insurers and employers offer plans that cover HIV-prevention measures such as PrEP for free. O’Connor’s ruling comes after the judge had already said that the task force’s recommendations violated the Constitution’s Appointments Clause. A secret deal between Justices John Roberts and Anthony Kennedy on gay rights and what it means today
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