The Supreme Court on Friday upheld a key provision of the Affordable Care Act, ensuring, at least for now, that some 150 million people will continue getting many free, preventive services under the act.
The provision provides for many preventative services including colonoscopies and HIV prevention drugs at no cost to patients.
The lawsuit sought to challenge the appointment process for members of a 16-person task force that determines which preventive services are to be provided for free under insurance policies. Two lower courts found that the appointments were unconstitutional, but on Friday, the Supreme Court disagreed.
Experts and patient advocates are both relieved and concerned.
The challengers objected that the U.S. Preventive Services Task Force was too powerful and should be appointed by the President and confirmed by the Senate.
However, SCOTUS’s ruling pointed out that the task force is subject to the Secretary of HHS’s supervision and direction.
This leaves the task force at the hand of Robert Kennedy, Jr., who could ignore their recommendations, fire them and replace them.
- The vote was 6-3, with Chief Justice John Roberts, and Justices Amy Coney Barrett and Brett Kavanaugh joining the court’s three liberal justices in the majority.
- Beer Boi wrote the opinion. Clarence Thomas wrote the dissenting opinion.
- It is the fourth time in the past 13 years that the Supremes have upheld the 2010 law, as Republicans and challengers have fought to destroy President Obama’s signature legislation that protects millions of Americans.
