- Docket No.
- 24-316, 24-475
- Supreme Court
Goal
- Eliminate guaranteed access to preventive services with no cost-sharing
- Exempt the plaintiffs from the requirement
- Invalidate the provision
Issues
Case History
Litigation Content
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.
7 Major Filings
- CONDITIONAL CROSS-PETITION (Oct 21, 2024)
- Braidwood's Brief in Support of Certiorari (Oct 21, 2024)
- AMICUS BRIEF OF 35 HEALTH CARE ACCESS ORGANIZATIONS (Oct 21, 2024)
- Amicus Brief of American Cancer Society et al. (Oct 21, 2024)
- Amicus Brief of Illinois et al. (Oct 21, 2024)
- Amicus Brief of Public Health Advocates (Oct 21, 2024)
- PETITION FOR A WRIT OF CERTIORARI (Sep 19, 2024)