America First Legal Secures Major Win Against the Affordable Care Act
Jun 21, 2024
WASHINGTON, D.C. – America First Legal (AFL) and co-counsel Jonathan F. Mitchell secured a win before the United States Court of Appeals for the Fifth Circuit in Braidwood Management Inc. v. Becerra. A unanimous panel of the Fifth Circuit held that a key provision of the Affordable Care Act violates Article II’s Appointments Clause by empowering the U.S. Preventive Services Task Force to dictate preventive care coverage for all private insurers.
The Affordable Care Act requires all private health insurers to cover preventive care without cost-sharing arrangements such as copays or deductibles and mandates coverage for any preventive care rated “A” or “B” by the U.S. Preventive Services Task Force.
AFL argued that this arrangement violates Article II because members of the U.S. Preventive Services Task Force wield significant powers yet are not appointed as “officers of the United States” as required by Article II. The Fifth Circuit unanimously agreed, holding that Task Force members are “principal officers” who must be appointed by the President with Senate advice and consent, thus violating Article II’s Appointments Clause.
As a result, all preventive-care coverage mandates imposed by the Task Force since March 23, 2010, are unenforceable in Texas, Louisiana, and Mississippi. The Fifth Circuit also revived AFL’s challenges to similar mandates imposed by the Advisory Committee on Immunization Practices (ACIP) and the Health Resources Services Administration (HRSA), remanding these claims to district court for further consideration.
Gene Hamilton, America First Legal Executive Director, stated: “We are pleased that the Fifth Circuit agreed with our arguments and held that the Affordable Care Act violates Article II’s Appointments Clause by empowering the U.S. Preventive Services Task Force to dictate preventive care that private insurers must cover. Today’s decision is a victory for the Constitution, the rule of law, and every American who does not want unelected bureaucrats making decisions about their healthcare coverage.”