The Supreme Court rejected a challenge to the task force that determines the Affordable Care Act’s (ACA) preventive care requirements on Friday.
In a 6-3 ruling, the court held that the structure of the U.S. Preventive Services Task Force, a group established by the ACA to decide what preventive services insurers will cover, does not violate the Constitution’s Appointments Clause.
“The Executive Branch under both President Trump and President Biden has argued that the Preventive Services Task Force members are inferior officers and therefore may be appointed by the Secretary of HHS,” Justice Brett Kavanaugh wrote in the majority opinion. “We agree. The Task Force members are removable at will by the Secretary of HHS, and their recommendations are reviewable by the Secretary before they take effect”
Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented.
The challenge was brought by two Christian businesses and four other individuals who objected to the task force’s approval of coverage for drugs that prevent the spread of HIV.
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