Stuart Gerson Quoted in “Gorsuch Confirmation Expected to Impact Health Issues”

Bloomberg BNA Health Care Daily Report

Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care & Life Sciences practices, in the firm’s Washington, DC, and New York offices, was quoted in the Bloomberg BNA Health Care Daily Report, in “Gorsuch Confirmation Expected to Impact Health Issues,” by Mary Anne Pazanowski. (Read the full version – subscription required.)

Following is an excerpt:

Gorsuch’s influence on other health-related issues, like religious liberty and abortion, may be limited for now, as Justice Anthony M. Kennedy is expected to cast the “lynchpin” vote, Stuart M. Gerson, an attorney with Epstein, Becker & Green in Washington, told Bloomberg BNA. But his likely alliance with Justices Clarence Thomas and Samuel A. Alito Jr. has pro-abortion rights groups worried and opposing groups cheering. Gerson served as acting U.S. attorney general and assistant U.S. attorney general in the Clinton and George H.W. Bush administrations.

ACA, AHCA or ...?

One area Gorsuch could affect relatively quickly could be federal health-care reform efforts, or the “morass” of the Affordable Care Act repeal and replace effort, as Gerson referred to it.

Regardless of the form repeal and replace eventually takes, expect a lot of litigation, Gerson said. There “is a potential for many major cases,” as myriad parties are affected by changes in the law or regulations. For example, states or other stakeholders may sue the federal government if their Medicaid funds are cut. Some of those issues undoubtedly will filter up to the Supreme Court.