The Supreme Court upheld a key provision of the Affordable Care Act, with 6 justices siding with the Trump administration over a group of Christian employers.
The Supreme Court turned away another major challenge to the Affordable Care Act on Friday. Six justices appointed by presidents of both parties rejected a challenge brought by Christian employers against the preventive health care coverage requirements mandated under the 2010 law.
Attorneys representing a group of Christian employers and Texas residents argued the process the government uses to determine which drugs and health care services are covered under the ACA, also known as Obamacare, is unconstitutional. The employers specifically objected to ACA mandates to cover HIV-prevention medication, some statins, and lung cancer screenings.
Those decisions are made by a volunteer board of medical experts, the US Preventive Services Task Force, who make recommendations to the Department of Health and Human Services. The plaintiffs argued this board violated the Constitution as its members are not confirmed by the Senate. Approximately 100 million Americans get preventive services each year under this specific ACA mandate.
Both the Biden and Trump administrations argued in favor of the ACA provision, which leaves the final decision in the hands of the Secretary of Health and Human Services. The Justice Department argued the President and HHS Secretary could simply reform the panel with likeminded experts in the event of a conflict.
Justice Brett Kavanaugh authored the decision in Kennedy v. Braidwood Management, and was joined by Justices Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Amy Coney Barrett, and Chief Justice John Roberts. Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch opposed the ruling.
Kennedy v. Braidwood marks the fourth time that the Supreme Court has rejected a legal challenge to the Affordable Care Act since then-President Barack Obama signed it into law in 2010.
