The plaintiffs in the case, including Texas residents Joel Starnes and John Kelley, the owner of Kelley Orthodontics, and wellness center management firm Braidwood Management Inc., initially filed their suit in 2020. The government agencies involved in the case include the Health and Human Services, Labor, and Treasury departments.
The Supreme Court will address two key questions raised by the government. First, the Court will decide whether the Fifth Circuit erred in ruling that the structure of the task force violated the Constitution’s appointments clause. Secondly, the Court will consider whether the Fifth Circuit made an error by refusing to sever the provision of the ACA that created the appointments clause issue. If severed, this provision would allow the Secretary of Health and Human Services to approve preventive care services coverage requirements recommended by the USPSTF.
In the absence of Supreme Court action, the Fifth Circuit’s ruling leaves the door open for plaintiffs or other similar parties to seek a nationwide block on the preventive care coverage rules set by the task force.
