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SCOTUS NEWS
Four individuals and two small businesses that object on religious grounds to the ACA’s requirement that health insurers provide coverage for pre-exposure prophylaxis (PrEP) medications, which can be highly effective at preventing HIV infection, went to federal court. They The But because the HHS secretary did not, in the court’s view, otherwise supervise members of the task force, the court of appeals determined, their appointments nonetheless violated the Constitution.
The court of appeals turned down the government’s request to excise the provision providing for the task force’s independence, allowing the HHS secretary to review some of the recommendations made by the task force.
The Biden administration asked the Supreme Court to weigh in, telling the justices that the 5th Circuit’s ruling “threatens enormous legal and practical consequences.”
The challengers, while defending the 5th Circuit’s decision, joined the Biden administration in arguing that review was warranted. Jonathan The Biden administration has asked the justices to weigh in on the propriety of such injunctions in a case currently on the court’s emergency docket, but the justices have not yet acted on that request.
The last of the three cases, Commissioner of Internal Revenue v. Zuch, involves when a tax hearing becomes moot – that is, no longer a live controversy.
The three cases are likely to be argued in April, with a decision to follow by late June or early July.
This article was originally published at Howe on the Court.
