Supreme Court Supports Obamacare’s Requirement for Free Preventive Care Through Health Panel

The Supreme Court announced on Friday its decision to reject a challenge to a provision of the Affordable Care Act that established a task force responsible for recommending preventive care services, which insurers are required to provide at no expense to patients. The ruling, passed with a 6-3 split, sided with the Trump administration in defense of the law, affirming that the task force members are appropriately appointed under the Constitution’s appointments clause. Justice Brett Kavanaugh, who authored the opinion, highlighted that the task force operates under the supervision of the Secretary of Health and Human Services, a role currently filled by Robert F. Kennedy Jr.

This arrangement alleviated concerns regarding the task force’s accountability to the executive branch. Kavanaugh stated that the appointments are “fully consistent” with constitutional requirements, noting that Kennedy possesses the authority to fire task force members at his discretion and can review their recommendations. The case emerged from a challenge put forth by Christian employers, Braidwood Management and Kelley Orthodontics, alongside several individuals who objected on religious grounds to the task force’s endorsement of no-cost coverage for PrEP, a medication used in HIV prevention.

The plaintiffs claimed that their religious rights were compromised by being forced to support behaviors they oppose, including homosexuality and premarital sexual activity. However, once the case reached the Supreme Court, the focus had shifted away from the religious concerns to the specific issue of appointments. The U.S. Preventive Services Task Force is responsible for recommending a range of preventive services related to critical health issues such as cancer and heart disease.

The challengers contended that the task force’s structure was unlawful since its members were not appointed through the standard presidential nomination and Senate confirmation process, questioning their independence from the health and human services secretary. This dispute adds to the ongoing legal challenges faced by the Affordable Care Act, which has been a target of Republican opposition since its inception under President Barack Obama. The lawsuit initiated in 2020 led to a federal judge in Texas declaring the task force’s structure unconstitutional, a decision slightly moderated by the 5th U.S.

Circuit Court of Appeals the following year before the Biden administration elevated the matter to the Supreme Court. With a significant conservative majority, the Supreme Court has a history of limiting the authority of federal agencies.