Kennedy v. Braidwood Management, Inc.
Issues
Does the structure of the U.S. Preventive Services Task Force violate the Constitution's appointments clause by failing to put principal officers through Senate confirmation, and if so, can this defect be cured by severing the offending provisions?
This case concerns whether certain government task forces can issue binding recommendations without violating the Appointments Clause of the Constitution. The Health and Human Services (“HHS”) Department Preventative Services Task Force (“Task Force”), currently appointed by the HHS Secretary without the confirmation of the Senate, offers binding recommendations concerning mandatory coverage by employer insurance for certain preventative treatments under the Affordable Care Act. Braidwood Management contends that these recommendations by the Task Force are illegitimate because the members were not appointed by the President and confirmed by the Senate as principal officers. HHS Secretary Robert F. Kennedy Jr. argues that the current appointment procedures suffice since the Task Force is composed of inferior officers who can be reviewed and fired at-will by the HHS Secretary. This case has wide-ranging implications, from potentially altering the structure of mandated healthcare under the ACA’s insurance to affecting the long-established method by which task forces, advisory bodies, and administrative panels must be appointed.
Questions as Framed for the Court by the Parties
Whether the U.S. Court of Appeals for the Fifth Circuit erred in holding that the structure of the U.S. Preventive Services Task Force violates the Constitution's Appointments Clause and in declining to sever the statutory provision that it found to unduly insulate the Task Force from the Health & Human Services Secretary’s supervision.
The Patient Protection and Affordable Care Act ("ACA"), requires private health insurance companies to cover certain types of preventive care services. Braidwood Mgmt. v.
The authors would like to thank Professor Michael Dorf for his insights into this case.
Additional Resources
- Wen W. Shen and Jennifer A. Staman, Preventive Services Access Heads to the Supreme Court: Kennedy v. Braidwood (CRS Report for Congress), Legistorm (Apr. 11, 2025).
- Pietje Kobus, Advocacy Group’s Representative: Lawsuit Has Potential to Disrupt Preventive Services, Healthcare Innovation Group (Apr. 11, 2025).
- Scott Bomboy, Supreme Court to consider the fate of no-cost medical preventive services, National Constitution Center (Mar. 24, 2025).