Opinion Summary: Kennedy v. Braidwood Mgmt., Inc. | Date Decided: 6/27/25 | Case No. 24-316

Opinion Summary: Kennedy v. Braidwood Mgmt., Inc. | Date Decided: 6/27/25 | Case No. 24-316

Host Note: On 4/25/25, the Supreme Court ordered the parties to “file supplemental letter briefs addressing the following question: Whether Congress has ‘by Law’ vested the Secretary of the Department of Health and Human Services with the authority to appoint members of the United States Preventive Services Task Force. U. S. Const. art. II, §2, cl. 2.” Link to 4/25/25 Order: Here. On 5/5/25, the parties filed supplemental letter briefs.

Link to Docket: Here.

Background:

The U.S. Preventive Services Task Force (Task Force), which sits within the Public Health Service of the Department of Health and Human Services (HHS), issues clinical recommendations for preventive medical services, such as screenings and medications to prevent serious diseases. Under the Patient Protection and Affordable Care Act, Pub. L. No. 111 -148, 124 Stat. 119, health insurance issuers and group health plans must cover certain preventive services recommended by the Task Force without imposing any cost-sharing requirements on patients. 42 U.S.C. 300gg-13(a)(1).

Question Presented:

Whether the court of appeals erred in holding that the structure of the Task Force violates the Appointments Clause of the United States Constitution and in declining to sever the statutory provision that it found to unduly insulate the Task Force from the HHS Secretary’s supervision.

Holding:

Result:

Voting Breakdown:

Link to Opinion: Here.

Oral Advocates:

• For Petitioners: Hashim M. Mooppan, Principal Deputy Solicitor General, Department of Justice, Washington, D.C.
• For Respondents: Jonathan F. Mitchell, Austin, Tex.

Website Link to Oral Argument: Here.

Apple Podcast Link to Oral Argument: Here.