The U.S. Supreme Court agreed on Friday to review a Fifth Circuit decision that found the task force responsible for setting preventive care coverage requirements under the Affordable Care Act (ACA) unconstitutional. This sets the stage for a pivotal legal battle that could impact insurance coverage for critical screenings, such as those for colon and breast cancer.
The Court granted a petition for certiorari from the federal government, which sought to overturn the Fifth Circuit’s ruling. While businesses and individuals who challenged the preventive care requirements also filed their own petition, the Supreme Court only granted review of the government’s request.
In June, the Fifth Circuit struck down a national injunction against the ACA’s preventive care rules, which had been imposed by U.S. District Judge Reed O’Connor in March 2023. However, the ruling maintained the block for religious individuals and businesses in Texas that had filed the lawsuit. Additionally, the Fifth Circuit agreed with the lower court that the U.S. Preventive Services Task Force (USPSTF) members who set these coverage requirements were unconstitutionally appointed, violating Article II of the U.S. Constitution.
