Braidwood Management Inc. et al. v. Kennedy et al.

Docket No.
4:20-cv-00283
District Court
Texas Northern

Goal

  • Block enforcement of an agency action
  • Declaration that a law is unlawful
  • Declaration that agency action is unlawful

Issues

Case History

Why this Matters
The plaintiffs argue that the Affordable Care Act’s preventive services requirement is unconstitutional because it violates the Appointments Clause, the nondelegation doctrine, and the Religious Freedom Restoration Act. The preventive services requirement is a popular provision of the law that has been in effect since 2010 and extends coverage of evidence-based preventive services (such as cancer screening, tobacco cessation, contraception, and immunizations), without cost-sharing, to more than 150 million people each year. That guaranteed benefit could go away if the courts agree with the plaintiffs.

Potential Impact
Striking down the requirement for insurers and employers to cover preventive services without cost-sharing would jeopardize access to needed services for consumers.

News And Analysis (8)

69 Major Filings

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Related Litigation

Current Status

Case Stayed

Legal Issues

Executive Vesting Clause, Nondelegation Doctrine, Appointments Clause, Religious Freedom Restoration Act (RFRA)

Amicus Briefs for Defendant(s)

State of Illinois et al.; 20 Health Policy Experts et al.; American Cancer Society et al.; American Medical Association et al.

Topic(s)

Preventive Services

Date Filed
March 29, 2020
Case Type
Civil
Court Type
District Court
Court
Texas Northern
Court Division
Fort Worth
Judge
O'Connor, Reed C. Appointed By: George W. Bush
Plaintiff(s)
Braidwood Management Inc.; John Scott Kelley; Kelley Orthodontics; Ashley Maxwell; Zach Maxwell; Joel Miller; Gregory Scheideman; Joel Starnes
Lead Counsel For Plaintiff(s)
Mitchell Law PLLC
Defendant(s)
John F. Kennedy Jr.; United States; Scott Bessent; Lori Chavez-DeRemer
Lead Counsel for Defendant(s)
Government