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Supreme Court Signals Support for ACA Preventive Care Mandates

Justices express skepticism of challenge to task force structure as they hear oral arguments in Kennedy v. Braidwood Management.

Pills used for HIV Pre-Exposure Prophylaxis (PrEP).
A sign on an insurance store advertises Obamacare in San Ysidro, San Diego, California, U.S., October 26, 2017. REUTERS/Mike Blake/File Photo
The U.S. Supreme Court is shown March 17, 2025 in Washington, DC.
President Joe Biden fist bumps former President Barack Obama after Biden signed an executive order aimed at strengthening the Affordable Care Act during an event to mark the 2010 passage of the Affordable Care Act in the East Room of the White House on April 5, 2022 in Washington, DC. With then-Vice President Joe Biden by his side, Obama signed 'Obamacare' into law on March 23, 2010.

Overview

  • The Supreme Court heard oral arguments on April 21, 2025, regarding the constitutionality of the U.S. Preventive Services Task Force under the Appointments Clause.
  • Conservative justices, including Kavanaugh and Barrett, questioned the challengers' argument that task force members require Senate confirmation.
  • The case could impact cost-free access to preventive care for millions of Americans, including cancer screenings, statins, and HIV-prevention medications.
  • The Fifth Circuit previously ruled the task force's structure unconstitutional but limited the decision's scope to the plaintiffs involved in the case.
  • A decision, expected by late June, will determine whether the task force's recommendations remain binding on insurers under the Affordable Care Act.