Health Care Win: Supreme Court Saves Free Preventive Services

The Supreme Court recently made a significant decision regarding the Affordable Care Act (ACA), also known as Obamacare. The court ruled that a crucial part of the ACA remains valid, ensuring that approximately 150 million people can continue to receive free preventive services. The decision was 6-3, with Chief Justice John Roberts and Justices Amy Coney Barrett and Brett Kavanaugh joining the liberal justices in the majority.

The Case and the Decision

The case centered around a group that sought to eliminate the free preventive care provisions of the ACA. They argued that the appointment process for the task force responsible for selecting these services was flawed. However, the Supreme Court rejected this argument, stating that the Health and Human Services (HHS) Secretary has the authority to appoint these members.

Justice Brett Kavanaugh wrote the decision, emphasizing that the HHS Secretary is accountable to the President, thereby ensuring a proper chain of command.

Why This Decision Matters

The ACA has been in effect for 11 years, and many individuals rely on the free preventive services it provides. If the court had ruled against the ACA, these benefits could have been lost. The case was initially sparked when the task force designated PrEP drugs as essential for HIV prevention. Without the ACA, these drugs and related care would be financially out of reach for most people.

Opposition and Legal Challenges

Some individuals and businesses opposed the PrEP mandate, arguing that it conflicted with their religious beliefs. The primary group challenging the mandate was led by Steven Hotze, a long-time critic of the ACA who has made controversial statements about the LGBTQ+ community.

The court's decision safeguards other preventive services, including:

• Blood pressure screenings
• Birth control
• Cancer screenings
• Immunizations

Before the ruling, there were concerns that without the ACA, these services would become too expensive, potentially denying people access to essential care.

Lower Courts vs. Supreme Court

Two lower courts in Texas had previously ruled against the government, arguing that the task force members should be appointed by the President, not the HHS Secretary. However, the Supreme Court disagreed, stating that the task force members are inferior officers, not principal officers. Therefore, the Secretary has the authority to appoint them. Additionally, the task force members are supervised by the Secretary and can be removed at any time.