Braidwood Plaintiffs Seek Supreme Court Review of Coverage Mandates for All Preventive Services

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The plaintiffs who succeeded in persuading the U.S. Court of Appeals for the Fifth Circuit that the requirement for commercial health plans to cover preventive services recommended by the U.S. Preventive Services Task Force (USPSTF) is unconstitutional have now asked the Supreme Court to strike down the corresponding mandate for commercial health plans to cover vaccinations recommended by the CDC Advisory Committee on Immunization Practices (ACIP) and preventive services for women and children recommended by the Health Resources and Services Administration (HRSA). The federal government has already petitioned the Supreme Court to review the Fifth Circuit’s decision, in Braidwood Management, Inc. v. Becerra, that the manner in which the members of the USPSTF are appointed renders the preventive services coverage requirement unconstitutional. The Braidwood plaintiffs have now filed a “conditional” cross-petition asking the Supreme Court to review the USPSTF, ACIP, and HRSA coverage requirements on a different basis. Because the Braidwood plaintiffs did not file their petition by the original deadline for seeking Supreme Court review, their petition is now conditional on the Supreme Court accepting the government’s petition regarding the USPSTF’s appointment process: the Supreme Court can only consider the separate constitutional issues the plaintiffs raise if it accepts the government’s petition on USPSTF.

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