Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care and Life Sciences practices, in the firm’s Washington, DC, office, was quoted in Bloomberg BNA Health Care Daily Report, in “Judge Garland Would Be Good for HHS, CMS, Attorneys Say,” by Matthew Loughran and James Swann.
Following is an excerpt:
The comparison to Roberts is important for health lawyers as it was the chief justice's opinion in King v. Burwell (King v. Burwell, 135 S. Ct. 2480, 2015 BL 202885 (U.S. 2015)) that upheld the constitutionality of tax credits that serve as the backbone of the Affordable Care Act (123 HCDR, 6/26/15). However, Gerson said, it's unlikely that a Justice Garland would have to handle a case involving a direct challenge to the ACA.
“We are getting on the periphery now with the ACA challenges,” Gerson said. However, he did say that he believed that there could be “a ton of regulatory and interpretative challenges” to actions by the Department of Health and Human Services and the Centers for Medicare & Medicaid Services in applying the ACA and that Judge Garland's record of deference to agency action could be significant.
