Supreme Court: ACA Kennedy v. Braidwood Management Oral Argument

The Supreme Court heard oral argument in Kennedy v. Braidwood Management, a case challenging the Affordable Care Act's provisions requiring insurers to cover preventive health services. At issue was whether the ACA violated the Constitution's appointments clause by allowing members of a health task force to decide which preventive-care services should be covered. Insurers argued that members of the independent task force lacked authority since they were not appointed by the president nor confirmed by the Senate. However, the federal government countered that the Health and Human Services secretary--a position that is appointed by the president and confirmed by the Senate--is authorized to review the task force's recommendations and remove members at will. This case began when individuals with religious objections to HIV-prevention treatment challenged the task force's structure. Over 150 million Americans depend on preventive services, such as cancer screenings, under the ACA
April 21, 2025