Supreme Court Ruling on the Constitutionality of the USPSTF

The U.S. Preventive Services Task Force (USPSTF) was established in 1984 under the Department of Health and Human Services (HHS). This official panel of medical experts provides evidence-based recommendations related to preventive healthcare services. Initially, their guidance was advisory. The Affordable Care Act (ACA), enacted in 2010, made these recommendations mandatory for private insurers, Medicare, and Medicaid, requiring them to cover preventive services with an A or B rating from the USPSTF without cost-sharing.

In Kennedy v. Braidwood Management, Inc., the plaintiffs challenged the constitutionality of the USPSTF, arguing that USPSTF members should be considered “principal officers” under the Appointments Clause and, therefore, must be appointed by the President and confirmed by the Senate. The District Court agreed, and the Fifth Circuit upheld this ruling, leading to a Supreme Court review. 

Read Analysis

Related