The U.S. Supreme Court will decide the legality of a key Affordable Care Act (ACA) provision requiring insurers to cover preventive medical services at no cost to patients. The case, brought by Christian businesses, challenges the ACA’s U.S. Preventive Services Task Force, arguing its structure violates the Constitution’s appointments clause by limiting presidential authority.
A lower court ruled the task force’s members, who are volunteers, hold “unreviewable power” and should be nominated by the president and confirmed by the Senate. The ruling impacts preventive care, including cancer screenings and HIV-prevention drugs (PrEP), for millions of Americans. Businesses opposing the PrEP mandate cite religious objections, claiming it promotes behaviors contrary to their beliefs.
The Biden administration is appealing the decision, arguing that Health and Human Services retains oversight of the task force and that severing a single provision could resolve the issue. The 5th Circuit partially upheld the lower court’s ruling, limiting enforcement of preventive care mandates to the plaintiffs.
This marks another challenge to the ACA, following previous unsuccessful attempts to dismantle the law. The justices will hear arguments and issue a decision by June.
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