Overview
- The Supreme Court heard oral arguments on April 21, 2025, in Kennedy v. Braidwood Management, a case challenging the structure of the U.S. Preventive Services Task Force under the Constitution’s Appointments Clause.
- The plaintiffs argue that the 16-member task force, which recommends no-cost preventive care services, wields significant government power without Senate confirmation, violating the Constitution.
- If the Court upholds lower court rulings, insurers could no longer be required to cover preventive services like cancer screenings, PrEP for HIV prevention, and statins without cost-sharing.
- The Trump administration’s Justice Department is defending the ACA’s mandates, marking a reversal from its prior stance against the law during Trump’s first term.
- A decision, expected by late June, could also determine whether HHS Secretary Robert F. Kennedy Jr. gains greater authority over task force recommendations and preventive care policies.