Beyond the ACA …

While Senate Democrats focused most of their energy during Barrett’s confirmation hearings warning that the Supreme Court could strike down the Affordable Care Act, several other cases could come up this term with big implications for the healthcare industry.

Assuming she’s confirmed on Senate Majority Leader Mitch McConnell’s fast track, Barrett would have a say in which cases are chosen for consideration. Here are three high-profile cases, one of which the court already plans to hear:

AMG Capital Management v. Federal Trade Commission

The high court has agreed to take up a case that will evaluate the FTC’s authority to sue and seek monetary penalties, which is one of the agency’s most important enforcement tools.

Surescripts argued that the FTC’s ability seek monetary relief should be taken away in an amicus brief before the court. The FTC sued Surescripts in April 2019 for allegedly monopolizing portions of the e-prescription market.

Oral arguments have not yet been scheduled.

Arkansas v. Gresham

Arkansas has asked the Supreme Court to revive the state’s Medicaid work requirements, maintaining that the program was meant to test if it would improve health outcomes. The court has not yet decided whether it will take up the case. The U.S. Court of Appeals for the District of Columbia Circuit in February said the lower court was right to toss Kentucky and Arkansas’ work requirements.

The case could have implications for work requirements across the country.

American Medical Association et al. v. Azar

The American Medical Association, Planned Parenthood Federation of America, the American Civil Liberties Union and others on Oct. 1 asked the Supreme Court to review conflicting circuit court decisions on the validity of a Trump administration rule that made changes to the Title X family planning program.

The administration barred Planned Parenthood affiliates from the $290 million Title X program with a policy that bans federally funded clinics from referring a patient for an abortion unless the patient directly asks.

The U.S. Court of Appeals for the 4th Circuit found the Title X rule invalid, but the 9th Circuit upheld it. The Supreme Court has not decided whether it will take up the case.