California Attorney General Rob Bonta, along with a coalition of 23 attorneys general, has filed an amicus brief with the U.S. Supreme Court to support the Affordable Care Act's (ACA) preventive care mandate. This mandate requires private insurers to cover certain preventive services at no cost, as determined by the Preventive Services Task Force. The attorneys argue that the Fifth Circuit made an error in ruling that the Task Force violates the Appointments Clause of the U.S. Constitution.
Attorney General Bonta emphasized the importance of preventive care, stating, "Preventive care is the cornerstone of a healthy society and, in many instances, can be the difference between life and death." He urged the Supreme Court to reverse the Fifth Circuit’s decision to maintain no-cost preventive health care services for millions of Americans.
The coalition's brief highlights that after implementing the ACA’s preventive care mandate, there was an increase in preventive care usage across various demographics. These services have improved public health outcomes by allowing earlier detection and treatment of illnesses.
The attorneys general argue that prohibiting enforcement of Task Force recommendations would significantly decline public health outcomes and undermine access to lifesaving care. They assert that Task Force members are inferior officers under the Secretary of Health and Human Services and do not violate constitutional provisions.
Attorney General Bonta has consistently defended this mandate through various legal actions since January 2022. His efforts include filing briefs with different courts supporting this provision and urging higher courts to uphold it.
Joining Attorney General Bonta in this latest action are attorneys general from Arizona, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island Vermont Washington and Wisconsin.
A copy of the brief is available online.