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Supreme Court Signals Support for ACA’s Preventive Services Task Force

Justices express skepticism about constitutional challenge to task force's appointment structure, with a decision expected by June.

Franklin in the hole of paper
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
Sprinklers water the lawn in front of the Supreme Court on April 29, 2024.

Overview

  • The Supreme Court heard oral arguments in Kennedy v. Braidwood Management, a case challenging the Affordable Care Act's preventive care mandate on constitutional grounds.
  • Several conservative justices, including Brett Kavanaugh and Amy Coney Barrett, questioned the challengers' argument that task force members must be Senate-confirmed principal officers.
  • The U.S. Preventive Services Task Force, which recommends no-cost preventive health services, has been criticized for its structure but defended as being under HHS secretary oversight.
  • A ruling against the task force could invalidate its recommendations since 2010, potentially disrupting no-cost access to cancer screenings, HIV prevention drugs, and other critical services.
  • The Court is expected to issue its decision by the end of June, with indications that the task force’s constitutionality may be upheld.