Braidwood Management, Inc. et al. v. Becerra et al.

Docket No.
23-10326
Appellate Court
Fifth Circuit

Goal

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

Issues

Case History

The Supreme Court accepted cert in this case; all relevant Supreme Court filings can be found here.

 

Potential Impact:

Why this Matters:

The plaintiffs argue that the Affordable Care Act’s preventive services requirement is unconstitutional because it violates the Appointments Clause and the nondelegation doctrine. 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. On appeal, the government seeks a ruling establishing that the preventive services requirement is lawful, and that the decisions are not a violation of Article II of the Constitution.

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 (6)

65 Major Filings

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Related Litigation

Current Status

Decision issued

Legal Issues

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

Topic(s)

Preventive Services

Date Filed
April 3, 2023
Case Type
Civil
Court Type
Appellate Court
Court
Fifth Circuit
Judge
Willett, Don R.; Wilson, Cory T.; Ramirez, Irma C.
Plaintiff(s)
Braidwood Management, Inc.; John S. Kelley; Kelley Orthodontics; Ashley Maxwell; Zach Maxwell; Joel Starnes
Lead Counsel For Plaintiff(s)
Mitchell Law PLLC
Amicus Briefs for Plaintiff(s)

State of Texas; Buckeye Institute

Defendant(s)
Xavier Becerra; Janet Yellen; Julie A. Su
Lead Counsel for Defendant(s)
Government
Amicus Briefs for Defendant(s)

American Public Health Association et al.; American Medical Association et al.; American Cancer Society et al.; American Hospital Association et al.; Service Employees International Union; HIV and Hepatitis Policy Institute et al.; Blue Cross Blue Shield Association; American Lung Association et al.; Illinois et al.; AARP et al.; Henry Aaron et al.; National Health Law Program et al.; Susan G. Komen Breast Cancer Foundation, Inc.; HIV Medicine Association of the Infectious Disease Society of America et al.; AIDS Healthcare Foundation; Gilead Sciences, Inc.; United States of Care et al.; National Women’s Law Center