Rapid Response Webinar: Fifth Circuit Ruling on the Affordable Care Act

December 19, 2019
Virtual Event Type

Public Webinar

On December 18, 2019, the United States Court of Appeals for the Fifth Circuit released its long-awaited ruling on the Affordable Care Act. This webinar will help the audience understand the ruling and what to expect in the coming weeks and months from the courts, Congress, and the health care market.


  • Katie Keith, J.D., MPH, Faculty, Georgetown University Law Center
  • Rodney L. Whitlock, Ph.D., M.A., Vice President, McDermott+Consulting
  • Sarah J. Dash, President and CEO, Alliance for Health Policy (moderator)



The Alliance for Health Policy gratefully acknowledges the support of the National Institute of Health Care Management (NIHCM) for this event.



11:00 a.m. – 11:05 a.m.      Welcome and Introductions

  • Sarah J. Dash, MPH

President and CEO, Alliance for Health Policy, @allhealthpolicy



11:05 a.m. – 11:45 a.m.      Moderated Discussion

  • Katie Keith, J.D., MPH

Faculty, Georgetown University Law Center


  • Rodney L. Whitlock, Ph.D., M.A.

Vice President, McDermott+Consulting, @RodneyLWhitlock



Event Resources

Event Resources

Key Resources (listed chronologically, beginning with the most recent)

You can access the ruling from the U.S. Court of Appeals for the 5th Circuit here: http://allh.us/kXgv.

“Fifth Circuit Appeals Court Strikes Down the Affordable Care Act’s Individual Mandate.” Collins, S. To The Point (blog). The Commonwealth Fund. December 19, 2019. Available at http://allh.us/hvBr.

“Courts Void Obamacare Mandate-But Not the Whole Law.” Demko, P. Politico. December 18, 2019. Available at http://allh.us/Pbh6.

“Court Rules Obamacare Mandate Unconstitutional, Puts the Entire Law at Risk.” Young, J. and Cohn, J. HuffPost. December 18, 2019. Available at http://allh.us/pXhD.

“What Else Disappears if the ACA is Overturned?” Rovner, J. NPR. December 16, 2019. Available at http://allh.us/R46G.

“Texas Arguments Lead Heavy ACA Action.” Keith, K. Health Affairs. September 16, 2019. Available at http://allh.us/gakC.

“States Taking Action to Ensure Coverage Protection Should the ACA be Overturned.” Patton, K., Sikora, K., and Diamond, N. Avalere Health. July 30, 2019. Available at http://allh.us/j7gH.

Additional Resources (listed chronologically, beginning with the most recent)

“Potential Impact of Texas v. U.S. Decision on Key Provisions of the Affordable Care Act.” Kaiser Family Foundation. November 27, 2019. Available at http://allh.us/FydP.

“Heads Up: A Ruling on the Latest Challenge to the Affordable Care Act is Coming.” Simmons-Duffin, S. National Public Radio. October 12, 2019. Available at http://allh.us/hMp7.

“Some Potential Impacts of Legal Challenges to the ACA.” Payers, Providers, and Patients- Oh My! (Podcast). Crowell and Moring. August 21, 2019. Available at http://allh.us/cxJb.

“What do the Courts Have in Store for the ACA? An Update on Health Reform Lawsuits.” Jost, T. To the Point. The Commonwealth Fund. August 20, 2019. Available at http://allh.us/e7Pc.

“The Fifth Circuit Court Hears Arguments on the Future of the ACA.” Jost, T. To the Point. The Commonwealth Fund. July 11, 2019. Available at http://allh.us/bx4e.

“Winning the Obamacare Suit Would Be a Disaster for Republicans.” Ponnuru, R. American Enterprise Institute. July 10, 2019. Available at http://allh.us/WpbK.

“Texas v. United States: Where We Are Now and What Could Happen Next.” Keith, K. Health Affairs Blog. July 9, 2019. Available at http://allh.us/YFGN.

“Federal Appeals Court Takes Up Case That Could Upend U.S. Health System.” Rovner, J. Kaiser Health News. July 9, 2019. Available at http://allh.us/heQc.

“Explaining Texas v. U.S.: A Guide to the 5th Circuit Appeal in the Case Challenging the ACA.” Musumeci, M. Kaiser Family Foundation. July 3, 2019. Available at http://allh.us/q4uj.

“Court Decision to Invalidate the Affordable Care Act Would Affect Every American.” Jost, T. To the Point. The Commonwealth Fund. December 17, 2018. Available at http://allh.us/ta6y.

“These Lawsuits Could Change Healthcare Nationwide if They Make it to the Supreme Court.” Levey, N. Los Angeles Times. August 30, 2018. Available at http://allh.us/kgYc.



Katie Keith Georgetown University Law Center, Faculty


Rodney L. Whitlock McDermott+Consulting, Vice President



Experts and Analysts

Joel Ario Manatt, Phelps & Phillips, Managing Director


Nick Bagley University of Michigan, Professor of Law
nbagley@umich.edu   734-615-7049
Tom Barker Foley Hoag, LLP, Partner and Co-Chair of the Health Practice


Karen Bender Snowway Actuarial & Healthcare Consultants LLC, President

karen.bender@saahc.com   920-826-2422

Michael Cannon CATO Institute, Director of Health Policy Studies

mcannon@cato.org   202-842-0200

Elizabeth Carpenter Avalere Health, Senior Vice President


Charlene Frizzera Leavitt Partners, Senior Advisor


James Gelfand The ERISA Industry Committee, Senior Vice President of Health Policy


Abbe R. Gluck Yale Law School, Professor of Law and Faculty Director of the Solomon Center for Health Law and Policy

abbe.gluck@yale.edu   203-432-6703

Timothy Jost Washington and Lee University School of Law, Emeritus Professor


Lauren Kennedy National Partnership for Women & Families, Director of Health Policy


Kevin Lucia Georgetown University Health Policy Institute, Research Professor

kwl@georgetown.edu   202-687-0880

Trish Riley The National Academy for State Health Policy, Executive Director

triley@nashp.org   202-903-0101

Dean Rosen Mehlman Castagnetti Rosen & Thomas, Partner


Sara Rosenbaum George Washington University, Harold and Jane Hirsh Professor of Health Law and Policy


Matt Salo National Association of Medicaid Directors, Executive Director


Vern K. Smith Health Management Associates, Senior Advisor

vsmith@healthmanagement.com   517-282-0841

Judith Solomon Center on Budget and Policy Priorities, Vice President for Health Policy

solomon@cbpp.org   202-408-1080

Hemi Tewarson National Governors Association, Director of Health Division


Tim Westmoreland Georgetown University Law Center, Professor from Practice

timothy.westmoreland@georgetown.edu   202-662-9404

Tiffani V. Williams The Daschle Group, Senior Vice President and Public Policy Advisor

tiffani@daschlegroup.com   202-508-3428



Craig Burns America’s Health Insurance Plans’ Center for Policy and Research, Vice President of Research


Anshu Choudhri Blue Cross Blue Shield Association, Executive Director of Legislative and Regulatory Policy


Ann Hwang Community Catalyst, Director of the Center for Consumer Engagement in Health Innovation


Kelly Jakubek


American Medical Association, Media Relations Manager

kelly.jakubek@ama-assn.org   312-464-4443

Meg Murray Association for Community Affiliated Plans, Chief Executive Officer


Janis M. Orlowski Association of American Medical Colleges, Chief Health Care Officer


Eleanor Perfetto National Health Council, Executive Vice President of Strategic Initiatives


Lori Reilly PhRMA, Executive Vice President of Policy, Research, & Membership


Claudia A. Salzberg Federation of American Hospitals, Vice President of Quality


Ashley Thompson American Hospital Association, Senior Vice President of Public Policy Analysis and Development


Steve Wojcik National Business Group on Health, Vice President of Public Policy