Constitutional Opinion No. 2026-0686
Case Information
- Source
- U.S. Congress (govinfo.gov)
- Author
- Sens. Carper, Cassidy, Capito, Coons, Blackburn, and cosponsors
- Publication Date
- 2021-03-04
- Content Type
- Legislation
- Opinion Issued
- 2026-07-19
- AFCS Version
- 1.0
Holding
S. 596 is the 117th-Congress Senate version of the Treat and Reduce Obesity Act, materially identical in operative effect to H.R. 4818 (118th), scored as Opinion 2026-0669. Section 3 expands Medicare coverage of intensive behavioral therapy for obesity to additional provider types on physician referral; Section 4 permits Part D coverage of anti-obesity medications for overweight individuals with comorbidities, effective two years after enactment. Because the operative text and constitutional analysis are the same as the House counterpart, the Court scores this on the identical basis and reaches the identical result. Under the Standard's limited-government commitments, the bill is a federal entitlement expansion — enlarging Medicare spending (anti-obesity drugs are costly) and federal healthcare authority — misaligned on Honest Money (X = 32) and Federalism (XII = 35), mildly on Property and Enterprise (IX = 42, tempered because coverage runs through existing private Part D plans). No AFCS Article rewards expanded healthcare coverage (the former health article is retired), and the Court will not manufacture one. As operative statutory text it takes the 85/15 weighting; Tier 1 = 37; Final 45 — Mixed, identical to H.R. 4818. New spending is not a new tax, so no Automatic Fail. Verbatim-equivalent legislation is treated alike.
It is the judgment of this Court that Opinion No. 2026-0686 is hereby entered into the record, in accordance with the America First Constitutional Standard. The score stands. The reasoning is published. The record is public.