This week, a subsidiary of insurance giant UnitedHealth, which covers 29% of Medicare Advantage enrollees, sued the Biden-Harris administration over the Centers for Medicare and Medicaid Services’ (CMS) decision to downgrade the insurer’s “star rating.” Ta. Call customer service. Government watchdog organization Accountable.US said that where the Minnesota-based insurance company chose to sue for an injunction – the Eastern District of Texas, which falls under the jurisdiction of the far-right 5th Circuit Court of Appeals – the situation worsens. He expressed concern that the lawsuit represents the latest in corporate management. Venue shopping crisis.
The intention is clear. Bringing the case to the Fifth Circuit, which is notorious for industry-friendly decisions, including rulings in favor of predatory lenders, discriminatory big banks, and greedy credit card issuers, and will soon see Big Pharma follow suit. Very likely. According to a previous Accountable.US analysis, UnitedHealth disclosed that it is a member of the corporate-funded U.S. Chamber of Commerce, which since January 2017 has been in the 5th Circuit. They found that 63% of cases were filed in local courts challenging federal regulations.
The case is currently being heard by Judge Jeremy D. Kernodle, an appointee of President Trump. According to an investigation by Accountable.US, Kernodle is a prominent member of the Federalist Society, and in 2023 received travel, meals, and lodging expenses from the right-wing Federalist Society and Scalia Law School, and Scalia Law School is a right-wing court of law. It turns out that he also has a close relationship with the “architect” Leonard. Leo is seen as an “easy pass-through” for donors to influence judges.
