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Supreme Court Upholds Constitutionality of U.S. Preventive Services Task Force

Lower courts will now revisit religious-liberty challenges as the HHS secretary gains authority to shape preventive care guidelines

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

  • The justices ruled 6-3 that USPSTF members are “inferior officers” lawfully appointed by the HHS secretary, validating the panel’s structure under the Constitution’s Appointments Clause.
  • The decision secures no-cost coverage of preventive services such as cancer screenings, diabetes tests and HIV-prevention drugs for roughly 150 million insured Americans.
  • Justice Brett Kavanaugh’s opinion affirms that HHS Secretary Robert F. Kennedy Jr. can remove task force members at will and review or block their recommendations.
  • The lawsuit began in 2020 when Christian-owned businesses challenged the requirement to cover PrEP on religious grounds, but the Supreme Court addressed only the appointments question.
  • Claims over religious objections and the vetting of new recommendations have been remanded to lower courts, where further proceedings will unfold under the panel’s clarified oversight.