On January 10, 2025, the Supreme Court announced that it granted certiorari in Becerra v. Braidwood Management, Inc., a case concerning the constitutionality of the Affordable Care Act’s preventive service coverage mandate. Under the mandate, health insurance carriers and group health plans are required to cover certain preventive care services identified by the U.S. Preventive Service Task Force, whose members are not subject to Senate confirmation. T A June 21, 2024 Fifth Circuit Court of Appeals decision held the mandate unconstitutional in violation of the Appointments Clause of the Constitution, and the U.S. government sought review before the Supreme Court.
The Fifth Circuit’s decision potentially opens the door for other parties to bring suits to block no-cost mandates around the country, such as mandates related to cancer screenings and medications like heart statins, HIV drugs, and, potentially, prenatal nutritional supplements. Moreover, it remains to be seen whether the incoming Trump Administration will continue to defend the U.S. government’s current position before the Supreme Court.