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

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. This appeal to the Supreme Court addresses whether the court of appeals erred in holding that the structure of the U.S. Preventive Services Task Force violates the appointments clause.

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.