Dive Brief:
- On Monday, the Supreme Court refused to take on Coons v. Lew, a lawsuit contesting the constitutionality of the Affordable Care Act's (ACA) Independent Payment Advisory Board (IPAB).
- The purpose of the IPAB is to limit Medicare spending growth, but challengers are calling it a "death panel."
- Challengers also say the IPAB has too much legal power because its decisions cannot be challenged in court and Congress cannot override them without a supermajority.
Dive Insight:
The Supreme Court's decision was not unexpected. The US Court of Appeals for the 9th Circuit had already said the case wasn't suitable for review since the IPAB has yet to make any decisions. The Goldwater Institute, the group that brought the suit, vowed to bring it back when the time is right. "This case is not dead; we're simply in a holding pattern," Christina Sandefur, a senior attorney at the Goldwater Institute told POLITICO. "We will bring this challenge again once the Independent Payment Advisory Board takes action."