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2mo ago

Supreme Court Upholds Constitutionality of Preventive Services Task Force

The decision affirms that task force appointments comply with the Appointments Clause, guaranteeing continued no-cost coverage of critical preventive services under the ACA.

FILE - The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)
A sign on an insurance store advertises Obamacare in San Ysidro, San Diego, California, U.S., October 26, 2017. REUTERS/Mike Blake/File Photo
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WASHINGTON, DC - NOVEMBER 08: The rising sun creeps across the US Supreme Court on November 8, 2022 in Washington, DC. The Court is hearing a case today that challenges the legality of the Indian Child Welfare Act which prioritizes the placement of Native American children in foster care or adoption with relatives, other tribal members, or in other Native homes. (Photo by Samuel Corum/Getty Images)

Overview

  • In Kennedy v. Braidwood Management, the court ruled 6–3 that USPSTF members are inferior officers lawfully appointed by the HHS secretary under the Constitution’s Appointments Clause.
  • The ruling secures insurers’ obligation to cover services graded A or B by the task force without cost sharing for Americans.
  • Justices confirmed that HHS Secretary Robert F. Kennedy Jr. can remove task force members at will and review or block their recommendations before they take effect.
  • Medical organizations, including the American College of Physicians, urged Congress and HHS to establish additional safeguards to protect the panel’s independence and scientific integrity.
  • The challenge began in 2020 with a suit by Christian-owned businesses over PrEP coverage and progressed through Judge Reed O’Connor’s 2023 invalidation and a 5th Circuit stay before the Supreme Court’s June 27 decision.