June 28, 2025


US Supreme Court Secures ACA Preventive Care, Upholding HHS Task Force Appointment

In a landmark ruling, the US Supreme Court has decided in favor of maintaining essential preventive care provisions under the Affordable Care Act (ACA), through a 6-3 vote in Kennedy v. Braidwood Management. The decision confirms that the US Preventive Services Task Force members are constitutionally appointed, thus safeguarding widespread preventive healthcare services.

The court's decision came in response to a lawsuit initiated by Christian-owned businesses, which contested the constitutionality of the task force. The plaintiffs specifically targeted the inclusion of PrEP, a preventive medication for HIV, arguing that it promotes behaviors contrary to their religious beliefs. They contended that the task force was improperly formed, claiming its members to be principal officers who should be appointed by the President and confirmed by the Senate.

However, the Supreme Court ruling affirmed that the task force members are "inferior officers" under Article II of the Constitution, appointed by the Secretary of Health and Human Services (HHS), who holds principal officer status. This classification means that their appointment does not require presidential nomination or Senate confirmation.

Established in 1984 and integrated into the HHS's Agency for Healthcare Research and Quality in 1999 through the Healthcare Research and Quality Act, the task force's role was significantly expanded by the ACA in 2010. The ACA mandates that most health insurance plans cover preventive services recommended by the task force, which are graded as "A" or "B," indicating high recommendation for preventive application without cost-sharing.

Justice John Kavanaugh, writing for the majority, explained that the nature of the task force members’ appointment and their direct supervision by a principal officer aligns with the definition of inferior officers. Kavanaugh cited precedents and the Edmond v. United States case to underline the supervisory criteria essential for inferior officer classification.

In a contrasting opinion, Justice Clarence Thomas argued in his dissent that the HRQA only granted the HHS Secretary the authority to "convene" rather than "appoint" the task force, suggesting a need for further legal examination into these terms.

This pivotal Supreme Court decision not only preserves the preventive care mandates of the ACA but also ensures the continuation of critical health services like cancer screenings and diabetes checks, which could have been jeopardized had the court ruled otherwise. This ruling underscores the court's role in interpreting statutory and constitutional appointments, with broad implications for public health policy and governance.