NCL congratulates President-elect Joe Biden and Vice President-elect Kamala Harris

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For immediate release: January 7, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC–On behalf of the Board of Directors and staff of the National Consumers League, America’s pioneering consumer organization founded in 1899, we wish to extend warm congratulations to our next President of the United States, Joe Biden and incoming Vice President Kamala Harris. As consumer and worker advocates, we look forward to building a strong relationship with the Biden-Harris Administration to advance the issues of democracy, which go hand-in-hand with consumer and worker protections. Among the top priorities on NCL’s agenda: enacting a $15 federal minimum wage and comprehensive privacy and data security laws; strengthening consumer protections regulations throughout the federal agencies; fighting fraud by enhancing consumer protections in financial transactions; restoring consumer protections to the flying public and American travelers; combatting predatory financial practices; and reducing the barriers facing all consumers seeking to gain access to the civil justice system.

Congratulations once again to President-elect Biden and Vice President-elect Kamala Harris on their election to the two highest offices in the land.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

Consumer group: 2020-2025 Dietary Guidelines falls short on alcohol, sugar recommendations

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For immediate release: January 6, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC –At a time when almost 75 percent of American adults are overweight or obese and as many as six in 10 have one or more diet-related chronic disease, such as diabetes and hypertension, the National Consumers League (NCL) is concerned that the just released 2020-2025 Dietary Guidelines for Americans do not contain clear recommendations on added sugars and alcohol consumption that can help reverse these trends.

While stressing the importance of consuming mostly nutrient-dense foods and beverages – especially fruits, vegetables, whole grains, fat-free and low-fat dairy products, and lean meats and poultry – the 2020-2025 Dietary Guidelines fall short when it comes to advice on limiting added sugars. Despite the urging of the independent Dietary Guidelines Advisory Committee to recommend that Americans reduce their consumption of added sugars to 6 percent of daily calories, the 2020-2025 guidance continues to allow for up to 10 percent. This is worrying because added sugars, which include high fructose corn syrup, maltose, sucrose, molasses, corn sweetener and fruit juice concentrates, are ubiquitous in foods and beverages and contribute only calories but no essential nutrients.

“We are greatly disappointed that the latest dietary guidelines make no progress in educating Americans about moderate drinking, despite compelling evidence of excessive alcohol use in the country,” said NCL Executive Director Sally Greenberg. “As the new Dietary Guidelines itself acknowledges, about half of the estimated 66 percent of adults who drink alcoholic beverages report binge drinking – sometimes multiple times a month. Americans need significantly more information to make responsible drinking decisions than is now contained in the 2020-2025 Dietary Guidelines.

Consumption of alcohol during pregnancy continues to be a problem in the United States. Specifically, one on ten pregnant women reported consuming alcohol with an average intake of two or more drinks on the day in question.

On a positive note, the latest guidelines define a standard “drink” as 12 fluid ounces of regular beer, 5 fluid ounces of wine, and 1.5 fluid ounces of 80-proof distilled spirits (all equaling 0.6 fluid ounces or 14 grams of pure alcohol). However, the reality is most adult Americans don’t know this and consider a “drink” to be the contents in a glass, bottle, or can.  Thus, it is challenging to follow the dietary guidelines advice to limit consumption to two drinks or less for men and one drink or less for women.

For this reason, the National Consumers League is renewing the call for the federal agency that regulates alcoholic beverages – the Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (TTB) – to mandate an easy-to-read, standardized “Alcohol Facts” label on all beer, wine and distilled spirits products on an expedited basis. Our call for alcohol labeling goes back to 2003 when NCL and 76 other organizations first petitioned TTB to require alcohol and nutrient content information on alcoholic beverage products, including the serving size, amount of alcohol (in fluid ounces or grams) per serving, number of calories per serving, and the percent of alcohol by volume.

“Unfortunately, we are still waiting for alcohol labeling and the American public is paying the price in higher rates of chronic diseases, depression, learning and memory problems, and serious injuries, such as motor vehicle accidents, falls, drownings, and burns,” said Greenberg.

According to a study published in the July 31, 2020 issue of the Morbidity and Mortality Weekly Report (MMWR), researchers at the Centers for Disease Control and Prevention (CDC) estimate an average of 93,296 deaths (255 per day) and 2.7 million years of potential life lost in the United States each year from excessive alcohol use at a cost to the economy of $249 billion in 2010 alone.

“Only with comprehensive alcohol labeling will Americans have the facts to heed the advice on alcohol consumption contained in the newly released 2020-2025 Dietary Guidelines and for the public health community to have the tools to reduce excessive drinking in a meaningful way,” said Greenberg.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

National Consumers League applauds Congress for surprise billing protections for consumers

/in Consumer Protection, Diseases and treatment, Featured Home - Consumer Protection, Health, Health policy, Healthcare coverage, Insurance, Personal finance/by

For immediate release: December 22, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC – The National Consumers League welcomes the inclusion of long-needed surprise billing protections in the COVID Relief Omnibus Spending Bill.

Surprise billing happens when a patient’s insurance doesn’t cover a procedure provided by an out-of-network physician, something patients don’t know or realize when they get a procedure. An estimated one in five emergency visits and one in six inpatient admissions will trigger a surprise bill, which can run into the thousands of dollars.

Medical debt disproportionately drives people into bankruptcy. Bill collectors and hospitals often layer on fees, interest, and penalties, driving the original costs way up. A 2019 study published in the American Journal of Public Health found that 530,000 bankruptcies filed annually are because of debt accrued as a result of treatment for medical illness.

This statement is attributable to NCL Executive Director Sally Greenberg:

“We greatly appreciate the bipartisan leadership of Senators Maggie Hassan (D-NH) and Bill Cassidy (R-LA) in getting the surprise billing language over the finish line. We also thank House Energy and Commerce Committee Chairman Frank Pallone, Jr. (D-NJ), Ranking Member Greg Walden (R-OR), Senate Health Committee Chairman Lamar Alexander (R-TN), and Ranking Member Patty Murray (D-WA) for their early leadership on this issue. This is a shining example of working across the aisle for the betterment of consumers.

Consumers can breathe a huge sigh of relief because under the bill—including the cost of an air ambulance—consumers will be ‘held harmless’ when exposed to out-of-network costs. Once this bill is law, consumers can expect that fees charged will be far more affordable and predictable at in-network rates. We are grateful to Congress for recognizing surprise billing as a predatory practice from which consumers need protection. The committee leadership not only helped to pass a bill but launched an investigation.

After two years of debate and discussion on how health care providers and health plans will negotiate these extra costs, it was agreed that patients should be taken out of the middle of dispute resolution processes. Now, we finally have a workable system for protecting consumers.”

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL testified before CDC committee on COVID-19 vaccine recommendations

/in Consumer Protection, Coronavirus, Diseases and treatment, Featured Home - Health, Health, Health policy, Medication adherence, Prevention, Safety/by

For immediate release: December 22, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC – The National Consumers League (NCL) testified before the Centers for Disease Control and Disease Prevention (CDC) Advisory Committee on Immunization Practices (ACIP) this weekend on the equitable distribution of the Moderna vaccine and recommendations for consumer education on vaccine safety. In its testimony, NCL applauds the transparency and access afforded to the public throughout the COVID-19 vaccine approval process.

Equitable distribution:

NCL is encouraged that the Food and Drug Administration (FDA) has approved the Moderna vaccine and that the U.S. government will lead distribution efforts. Due to its ease of transport and storage, the Moderna vaccine stands to readily ship to rural and hard to reach communities. NCL calls on federal health officials at the helm of distribution to facilitate access to the Moderna vaccine to medically underserved areas.

Safety and efficacy:

NCL expressed its trust in the FDA and CDC’s robust inter-agency collaboration to continue ongoing, post-market surveillance of adverse events among recipients of the COVID-19 vaccine and to inform consumers of any additional safety recommendations. NCL urged the CDC to educate consumers about potential reactions and side effects, as this transparency will further encourage the compliance necessary to achieve herd immunity. The vaccine is expected to induce flu-like symptoms after the initial dose and this may deter some patients from getting their second dose if they aren’t warned about what to anticipate.

Vaccine adherence:

NCL encouraged the CDC to conduct culturally competent and inclusive public messaging about vaccine safety to ensure that communities of color and persons with limited English proficiency are informed and feel empowered in their decisions to vaccinate. Adding to the complexity of administering the vaccine, public health officials will need to ensure the completion of two doses in a series. This stands to create additional challenges because evidence has shown that when a vaccine involves multiple doses, nearly 50 percent of patients fail to return for a second dose.

Equitable allocation:

NCL applauds ACIP’s recommendations to prioritize vaccinations for health care workers and long-term care facility residents in Phase 1a. Now that there are two approved vaccines, NCL calls on ACIP to prioritize recommendations to vaccinate the approximately 87 million non-healthcare essential workers unable to work from home—such as bus drivers and grocery workers—who are at higher risk of exposure. Racial and ethnic minorities make up more than 40 percent of the essential workforce and are the backbone of many essential industries. The pandemic has illustrated that low-income minority communities experience more severe COVID-related illness requiring hospitalization and are at higher risk for death.

Persons who recovered from COVID-19:

Lastly, over 18 million individuals in the U.S. have been infected with the coronavirus. It is expected that individuals who recover will acquire some natural immunity to COVID-19. Individuals who recover from the coronavirus want to know if they are protected from reinfection and for how long. We call on the CDC to expedite developing vaccine recommendations for persons who’ve recovered from COVID-19.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL statement on White House pressure to approve COVID-19 vaccine

/in Consumer Protection, Coronavirus, Diseases and treatment, Featured Home - Consumer Protection, Health, Health policy, Safety/by

For immediate release: December 11, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC – In just a matter of days, we could potentially have an FDA-approved COVID-19 vaccine ready for rollout. Now more than ever, the public needs to see the evidence of a transparent and deliberate process to ensure the safety of a vaccine. NCL has actively participated in the vaccine approval process, testifying before the Centers for Disease Control and Prevention and the Food and Drug Administration’s (FDA) vaccine advisory committees to ensure that the nation’s most vulnerable consumers are considered at each step of the approval process. The race to a vaccine is a critical one, consumers should not be discouraged by the careful deliberation of the States’ vaccine approval process, but should instead be encouraged that the U.S. is following deliberate, well-established protocol to vet and review the data. 

NCL is amongst the stakeholder groups advocating for increased scrutiny of the data, particularly citing reports from the U.K. about adverse reactions to the Pfizer vaccine among people with severe allergies. We expect that the FDA will be aware of these concerns and call on the agency to perform ongoing post-market surveillance to ensure public safety. Consumers should rely on continuous guidance regarding potential adverse events, as this will be critical to ensuring vaccine confidence. 

NCL has continually recognized the integrity of the career-scientists at the FDA who are entrusted with ensuring the safety of the U.S. drug supply and applaud their demonstrated commitment to fostering public trust throughout the COVID-19 vaccine development, evaluation, and approval process. We have great confidence in the FDA’s rigorous approval methods and trust that the agency will issue an Emergency Use Authorization only after careful consideration of the available safety and efficacy data.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL testified before FDA committee meeting on Pfizer-BioNTech COVID-19 vaccine

/in Consumer Protection, Coronavirus, Diseases and treatment, Featured Home - Health, Health, Health policy, Safety/by

For immediate release: December 11, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC – The National Consumers League (NCL) testified before the Food and Drug Administration (FDA) Vaccines and Related Biological Products Advisory Committee (VRBPAC) this week regarding the Pfizer-BioNTech COVID-19 Vaccine.

“As the nation’s oldest consumer advocacy organization, NCL has been encouraged by the honesty, transparency, and access afforded to the public during this critical time.” NCL commended the Food and Drug Administration, Centers for Disease Control and Prevention, and other public health entities for their commitment to fostering public trust throughout the COVID-19 vaccine development and approval process and thanked the committee for the opportunity to speak.

In its testimony, NCL noted that there has never been a more critical time for consumers to have confidence in the FDA.

Emergency Use Authorization (EUA):

The FDA has undergone scrutiny from the scientific community for prematurely issuing EUAs for COVID-19 therapeutics. NCL is aware that developing a vaccine for COVID-19 is a time-sensitive priority and appreciates that the FDA recognizes that an EUA is not intended to replace long-term randomized clinical trials data associated with full FDA approval. We are encouraged by data reporting a consistent vaccine efficacy rate of 95 percent across age, gender, race, and ethnicity demographics and look forward to seeing more guidance around the vaccine, as the trial continues to collect safety and efficacy data.

Safety and Effectiveness:

NCL noted the public’s growing trust in the FDA’s rigorous vaccine approval process and called on the agency to perform ongoing post-market surveillance. Such surveillance performed in the United Kingdom found that the vaccine may be unsafe for individuals with severe allergies. Consumers will rely on ongoing guidance from public health agencies regarding any potential adverse events from the vaccine and expect that the FDA will be aware of these concerns.

Innovative Vaccine Delivery Systems:

Additionally, ensuring innovative vaccine delivery methods, such as including oral or nasal options, could address geographical access issues, diverse health needs, and increase uptake overall.

Diversity in Clinical Trials:

We applaud Pfizer’s efforts to ensure diversity in their COVID-19 vaccine clinical trials. NCL requests that the FDA continue to prioritize vaccine clinical trial data that reflects diversity, as people of color will need to have confidence in the vaccine’s efficacy. This will affect the overall uptake of the vaccine.

The development of a COVID-19 vaccine in such a short time frame is a huge scientific feat, made possible through robust collaboration between private and public entities. NCL will continue to support the FDA and CDC in efforts to release a COVID-19 vaccine safely and expeditiously.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

National Consumers League statement on DOT’s Unfair and Deceptive Practices Rule

/in Consumer Protection, Featured Home - Consumer Protection, Press release, Transportation/by

For immediate release: November 30, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC –The National Consumers League (NCL), America’s pioneering consumer and worker advocacy organization, is deeply disappointed at the Department of Transportation’s decision late Friday to finalize its Rule on Defining Unfair or Deceptive Practices. The rulemaking, begun at the behest of the airlines’ biggest lobbying group, was opposed by NCL and a coalition of eight other consumer groups, five members of Congress, two FTC commissioners, and nearly 200 individual consumers.

The following statement is attributable to John Breyault, NCL vice president of public policy, telecommunications and fraud:

“The DOT’s decision, at the height of a pandemic, to kneecap its ability to protect millions of travelers from airline industry abuses is deeply disappointing. That the Department decided to do so on the Friday after Thanksgiving highlights that they hope this terrible decision will be forgotten by Monday. It should be clear to every member of the flying public that current DOT leadership is focused squarely on doing the airline industry’s bidding between now and January 20. It will be incumbent on the next Administration to undo this Rule, along with so many other anti-consumer actions taken over the past four years.”

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL applauds Florida’s popular vote to raise state minimum wage

/in Compensation / Wages, Featured Home - Workers Rights, Labor, Press release/by

For immediate release: November 13, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC –The National Consumers League (NCL) applauds Florida voters who, on November 3, overwhelmingly approved a ballot measure—Amendment 2—to raise the state’s minimum wage to $15 an hour. The amendment was adopted with more than 61 percent of voters weighing voting for the measure.  This is an amendment to the state constitution that scales up the minimum wage to $15 by 2026, up from its paltry current $8.56 an hour.

The following statement is attributable to Sally Greenberg, NCL executive director:

With this vote, Florida joins seven other states in the process of raising their minimum wages to $15 an hour. And Florida is the first state to raise the minimum wage to $15 an hour via ballot measure and amendment to the constitution. We are very pleased that Florida voters so decisively supported this measure despite Republican leadership in Florida opposing the measure and refusing to bring it to the state legislature.  Florida Governor Ron DeSantis has been a vocal opponent, claiming it is ‘going to cause big, big upheavals for the restaurant industry.’ Yet the people of Florida disagree. They want increases in the minimum wage.

NCL notes that while working people in Florida will be the beneficiaries, workers in other states deserve the same increases. That is why NCL strongly supports federal legislation—passed by the House last year—to raise the minimum wage to $15 in every state from the paltry $7.25 an hour last raised by Congress in 2009.

This is a particularly gratifying vote given, that Donald Trump’s allies in Florida opposed the measure, while Trump won the election in the state of Florida by 51 percent to Joe Biden’s 47.9 percent. But that is not unusual. Minimum wage increases are typically popular among the electorate. Since 2000, states have held 21 referendums on the minimum wage, and all have passed, according to a tally kept by Ballotpedia. Public opinion surveys have shown broad support; a 2019 Pew survey found that two-thirds of Americans supported raising the federal minimum wage to $15 an hour.

States where legislatures have declined or been unwilling to pass minimum wage have seen victories on the ballot, including Arizona, Missouri, Montana, Colorado, and Ohio, while state legislatures in California, Connecticut, Illinois, Maryland, Massachusetts, New Jersey, New York, and DC’s City Council have all adopted increased minimum wage legislation.

Below are links to NCL’s statement on minimum wage and NCL’s “We Can Do This!” podcast episode with Fight for $15 Director Diana Ramirez.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL statement on vaccine for COVID-19

/in Diseases and treatment, Featured Home - Health, Health, Health policy, Medication adherence, Prevention/by

For immediate release: November 12, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC –The National Consumers League (NCL) welcomes the very hopeful news that a coronavirus vaccine with a reported efficacy rate of 90 percent may be approved and rolled out in the next few months. NCL has historically advocated for vaccines because they have overwhelming effectiveness and safety profiles, preventing billions of often debilitating and deadly diseases across the globe—from small pox to measles to polio. The clinical evidence on the coronavirus vaccine—developed by Pfizer Inc. and partner BioNTech SE—though incomplete at the moment, is very promising.

“We applaud the unprecedented cooperation by public and private entities, along with concerted coordination among scientists, doctors, and researchers that has gone into developing a vaccine to combat this terrible pandemic, which has killed over 237,000 Americans, struck 10 million people, and only shows signs of worsening over the winter months,” said NCL Executive Director Sally Greenberg. “As this vaccine moves closer to being cleared for widespread use and the safety data verified, we are grateful to the companies and government officials who urgently prioritized the development of an effective and safe vaccine to combat the scourge of COVID-19. We are also encouraged that other companies are in the later stages of reviewing their own COVID-19 vaccines, which use different technologies to fight the virus but hopefully will be effective and safe as well.”

The FDA will be reviewing the safety data in the next few weeks on the Pfizer vaccine and will then determine to whom the first doses will be directed. Pfizer has said the vaccine could become available before the end of the year and that the company can produce 50 million doses globally—equivalent to reaching 25 million people because two doses are required for maximum protection from the virus. The most vulnerable populations are likely to receive the first batch of vaccines.

NCL cautioned consumers that during this period, people should maintain all the safety practices for preventing spread of the virus—wearing masks and practicing social distancing and keeping social gatherings to a minimum.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

National Consumers League Expresses Concern Over Amy Coney Barrett Confirmation

/in Featured Home - Health, Health, Health policy, Healthcare coverage/by

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC – The next three weeks will be critical for the American people. Amid a global pandemic, a historic presidential election, and the attempt to fill an equally historic Supreme Court vacancy, there’s a lot at stake for health care. On October 26, the Senate will vote on Judge Amy Coney Barrett’s nomination to succeed the late Justice Ruth Bader Ginsburg on the US Supreme Court. On November 10, merely a week following the presidential election, the Supreme Court of the United States (SCOTUS) hear arguments in the case of California v. Texas, the latest challenge to Patient Protection and Affordable Care Act (ACA), more commonly called Obamacare.

The rush to fill Justice Ginsburg’s seat on the Court on the eve of this election has worried health advocates and consumers alike, as a conservative majority court could potentially overturn the ACA. Conservatives have been hostile to the law, and Coney Barrett, herself an arch-conservative, seems to share that very hostility toward the ACA. This is illustrated by her disapproval of Justice John Roberts Jr.’s support of the ACA in a 2017 essay. In it, Coney Barrett wrote that Justice Roberts had “pushed the Affordable Care Act beyond its plausible meaning to save the statute.”

In 2017, the strife between Democrats and conservatives worsened when the individual mandate provision of the ACA was found unconstitutional. Following that ruling, conservatives have tried to grasp at opportunities to repeal the entire law, including arguing for severability. Severability of the individual mandate provision, as explained by Justice Roberts, would allow the Court to excise the provision with “a scalpel rather than a bulldozer.” Severability would still maintain the ACA as the law of the land and would save access to healthcare for over 20 million Americans. But the plaintiffs, all Republican Attorneys General from across the country, have argued that the individual mandate cannot be severed and if it goes down, the whole law falls.

Although Coney Barrett was reticent during the Senate Judiciary Committee hearings, her record serves as a warning about how she will come down on a host of consumer health issues. These include reproductive decisions granting women agency over their bodies and the freedom to choose how they form families. Based on her prior endorsement of the anti-choice organization Right to Life and her public support of overturning Roe v Wade, there is cause for concern that medical interventions like contraception, abortion, and even in-vitro fertilization (IVF), could all be at risk following Judge Barrett’s appointment to the high court.

Aside from reproductive issues, there are countless health care protections on the chopping block pursuant to the ACA deliberation. Below are a few at risk if the ACA is overturned:

The stakes are high. If the ACA is overturned, COVID-19 could be considered to be a pre-existing condition. The pandemic has laid bare deep structural inequities; stripping away coverage during such dire times would be unconscionable.

There are a few ways the Supreme Court could rule on the case come November 10.

  • If Coney Barrett is not sworn in before the oral argument, the Court could vote on the case with an 8-member court, leading to a potential tie. If tied, the case would be returned to the original trial judge for further analysis – meaning that in the interim, the ACA would remain the law of the land, ensuring protections for millions.
  • The Court may still rule in favor of salvaging the ACA. Many scholars deem the plaintiffs’ arguments to be legally weak. This is where the argument of severability comes in.
  • Finally, if a new justice is appointed to the Court and there is a majority vote to overturn the ACA, it may be overturned. The ACA is an extraordinarily complex and comprehensive law, and this result would wreak havoc across virtually every area of health policy.

Over the next few weeks, the health and civil liberties of millions of Americans will hang in the balance. NCL does not support Judge Amy Coney Barrett’s nomination. Justice Ginsburg was a champion of rights and protections for consumers and women and a strong defender of the ACA. Confirming a justice for the Supreme Court with Coney Barrett’s record before the election has the potential to endanger lives already vulnerable during this pandemic. We simply cannot afford to throw consumers’ health care into such chaos and uncertainly during this COVID-19 pandemic.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.