No-cost Preventive Care Going Before Supreme Court

Once again, an aspect of Obamacare is about to head before the Supreme Court.  

The latest issue is the standing of free preventive care under Obama’s Affordable Care Act.  

If the Supreme Court upholds the current lower court ruling, it could deal a massive blow to Obama's legacy program.

Here We Go 

At the heart of the case is the appointment of the U.S. Preventive Services Task Force.  

It is being challenged for the constitutionality of the appointment.  

Small business owners brought the suit over the requirement of having to pay for preventive care for HIV-prevention drug preexposure prophylaxis (PrEP). 

The 5th Circuit Court of Appeals had ruled that the members of the task force were covered under the Constitution and must be part of the Senate confirmation process.  

The Biden administration challenged that ruling.  

The petition filed by the DOJ stated, “The court’s holding jeopardizes healthcare protections that have been in place for 14 years and that millions of Americans currently enjoy.” 

The motion was backed by blue-state attorneys general as well as numerous activist groups.  

On the other side of the court was the American First Legal Foundation, with attorney Jonathan Mitchell.  

Mitchell argued, “The respondents disagree with the Solicitor General’s criticisms of the court of appeals’ opinion, as well as her dire predictions of what might happen if the court of appeals’ ruling is allowed to stand. 

“But none of those disagreements affect the certworthiness of this case. The petition satisfies this Court’s criteria for certiorari and presents an issue of exceptional importance.” 

PrEP is one of the more popular preventive drug treatments available, with a reported success rate of 99% in reducing the risk of contracting HIV.   

The ruling by the appeals court limited the ruling in the lower courts in a challenge to block the task force’s recommendations in preventive care.  

With only three liberals on the Supreme Court, I find it hard to believe that at least two conservatives would cross the aisle.  

Having said that, as usual, Chief Justice Roberts will likely dictate that, as a Trump justice usually walks across the aisle when he does rule with the liberal justices.