On September 19, 2024, HHS and the U.S. Department of Justice submitted a petition for writ of certiorari seeking Supreme Court review of the Fifth Circuit’s June 2024 decision in Braidwood Management, Inc. v. Becerra. The petition challenges (1) the Fifth Circuit’s holding that the U.S. Preventive Service Task Force, which recommends preventive medical services for coverage under the Affordable Care Act, was unconstitutionally appointed under Article 2, Section 2, Clause 2 of the U.S. Constitution; and (2) the Fifth Circuit’s refusal to sever the statutory provisions that the court found unconstitutional.
Given that certiorari was sought by the government in this case, there is a substantial chance that certiorari will be granted.