The Latest Supreme Court Case Targeting the ACA Comes from a Longtime Anti-Gay Activist

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For over a decade, Americans with private health insurance have enjoyed free access to dozens of types of preventive health care: cholesterol medication, prenatal care, and many types of cancer screenings, as well as pre-exposure prophylaxis (PrEP), the “miracle drug” that prevents HIV infection. But on Monday, the US Supreme Court heard oral arguments in a case that could gut the part of the Affordable Care Act that requires insurers to cover these services at zero cost to patients. 

Kennedy v. Braidwood Management is at least the eighth time the Supreme Court has weighed in on a major element of the ACA since the health law was passed during the Obama administration in 2010. The lawsuit—filed by a group of Christian businesses and individuals who object to PrEP on religious grounds and Obamacare on ideological ones—takes aim at the US Preventive Services Task Force, a panel of independent, volunteer experts who rate the effectiveness of different types of preventive care. The ACA requires insurers to fully cover services rated “A” or “B” by the task force.

Currently, members of the task force are appointed by the Secretary of Health and Human Services. But the case being heard by the Supreme Court argues that the Constitution requires officials who wield that level of power to be nominated by the president and confirmed by the Senate.