On May 15, 2023, a unanimous three-judge panel for the Fifth Circuit issued a per curiam order temporarily staying the Texas U.S. District Court decision by Judge O’Connor which held that the ACA preventative care mandate (Mandate) is unenforceable. The Mandate requires coverage of medical treatments and screenings recommended by the U.S. Preventive Services Task Force, including cancer and diabetes screenings and pregnancy and postpartum care. The Fifth Circuit panel granted the federal government’s request to stay Judge O'Connor's March decision pending appeal.

A copy of the Fifth Circuit order can be found here. More information regarding the March decision by Judge O’Connor can be found here.