After hearing oral arguments, the court requests new briefs for HHS Task Force case
The Supreme Court has asked the federal government and challengers, four days after hearing the oral arguments in the challenge to the constitutionality of the taskforce within the Department of Health and Human Services to file new briefs regarding the HHS secretary’s power to appoint the members of the taskforce. The U.S. Preventive Services Task Force is an independent panel that makes recommendations to private health insurers about services they must cover without additional cost for patients. In 2020, a group consisting of individuals and small business owners went to a federal court in Texas to object on religious grounds to requiring insurers to cover PrEP medicines, which are highly effective in preventing HIV. They claimed that access to the medication “encourages
homosexual behaviour, intravenous drug usage, and sexual activity outside marriage.” The lower courts agreed, and the Supreme Court heard the case earlier this summer. The government argues that the HHS Secretary has enough control over the members of the taskforce to not require them to be nominated and confirmed by Senate. For example, they say, the HHS Secretary can remove members at any time. At Monday’s oral arguments, however, some justices, including Justice Neil Gorsuch, questioned whether or not the HHS secretary has the authority to appoint task force members. Or, at the very least, whether the court should address this issue since the lower court hadn’t yet weighed in. Friday’s order asks for more information from both sides on this issue, indicating that the justices are still interested. The order from Friday also instructs both the government and challengers to discuss the two 19th century Supreme Court cases: United States v. Hartwell (1868) and United States V. Smith (1888), which both involved the question of whether government officials are “officers” of the United States.
Posted in Featured, Merits Cases
Cases: Kennedy v. Braidwood Management, Inc.[s]Recommended Citation:
Amy Howe
After hearing oral arguments, the court requests new briefs for HHS Task Force case
SCOTUSblog
(Apr. 26, 2025, 12:10 PM),
