#SCOTUS this week:
The debate over #Religious #freedom & #ParentalRights is back at the #SupremeCourt.
Justices will consider whether #PublicSchools can stop parents removing students from lessons using #LGBTQ+ themed #books. The issue has divided a #Maryland community.
Justices will weigh the future of #free #PreventiveCare today.
And #police officers who joined the rally before the #Jan6, 2021, #insurrection asked justices for anonymity.
#SCOTUS is set on Monday to consider the legality of a provision of the #AffordableCareAct #law [aka #Obamacare], that helps ensure that #health #insurers cover #PreventiveMedicalCare such as #cancer screenings at no cost to #patients.
#Trump #USPSTF #ACA #HHS #RFKJr #Senate
#law #medicine #HealthCare
The #Trump admin has appealed a lower court's determination that the US Preventive Services Task Force #USPSTF, which under the #ACA has a major hand in choosing what services will be covered, is composed of members who were not validly appointed. Its 16 members are appointed by the secy of #HHS [currently #RFKJr] w/o #Senate confirmation.
#SCOTUS #law #medicine #HealthCare #AffordableCareAct #Obamacare #health #insurance #PreventiveMedicalCare
Several #Texas #Christians & 2 small businesses sued in federal court in Texas in 2020 to challenge the #USPSTF,'s structure. It is the latest in a years-long series of challenges to the 2010 #law, Pres #Obama's signature #legislative achievement, to reach #SCOTUS.
If the justices uphold the lower court's ruling, #health associations said in a filing, life-saving tests & treatments that have been cost-free would become subject to co-pays & deductibles.
The case centers on whether the #USPSTF wields power to such an extent that members must be appointed by the #president & confirmed by the #Senate, as required by the #Constitution's #AppointmentsClause….
The task force is made up of #medical experts who serve 4yr terms on a volunteer basis. It reviews medical evidence & public feedback & issues recs about which #preventive services would be most effective for detecting illnesses early or addressing ailments before the condition worsens.
The #conservative #5thCircuit Court of Appeals ruled in 2024 that the task force's structure violates the #Constitution, as plaintiffs claimed.
The govt's appeal of the 5th Circuit's decision initially was filed by Democratic President #Biden's admin before being taken up by Republican Pres #Trump's admin.
Trump's admin argued in a #SCOTUS brief that the #USPSTF's #PreventiveCare recs cannot become legally binding on insurers w/o the #HHS secy's [#RFKJr] permission.
"The secretary can remove them at will, & the threat of removal is the ultimate tool for control over final decisions on recommendations," #Trump #DOJ lawyers wrote.
For this & other reasons, DOJ lawyers argued, the #USPSTF's members should be seen as so-called "inferior officers," meaning they can be lawfully appointed by an executive branch dept head - like #HHS secy #RFKJr - & do not require #Senate confirmation under the #Constitution.
Before the case was narrowed to the #AppointmentsClause issue, the lawsuit included a #religious objection to being required to cover pre-exposure #prophylaxis for #HIV. They claimed that such drugs "facilitate & encourage homosexual behavior, prostitution, sexual promiscuity & intravenous drug use."
#law #SCOTUS #medicine #HealthCare #ACA #insurance #PreventiveCare
The #5thCircuit's ruling also rejected the govt's request to remove certain offending words from the #ACA provision at issue - a process called severing - in order to make that part of the #law conform to the #Constitution. That issue is also part of the appeal before #SCOTUS.
The #SupremeCourt's decision is expected by the end of June.
Nonilex
Tomato 🍅 Lady