The Supreme Court has ruled that a key part of the Affordable Care Act (ACA), also known as “Obamacare,” is constitutional. The case was challenging how a certain committee, the US Preventive Services Task Force (USPSTF), is appointed.
USPSTF is a group of 16 health experts who decide what preventive healthcare services must be covered at no cost to patients. This provision to the ACA is one of the only instances that even privately-insured Americans have an opportunity to free healthcare. Millions of Americans depend on these services, as they include cancer screenings, heart disease medications and drugs that prevent the transmission of HIV.
Opponents of the task force argue that its members are unconstitutionally appointed since they’re selected by the Secretary of Health and Human Services. They claim USPSTF holds significant power, so much that its members should be considered “principal officers” under the Appointments Clause, requiring nomination by the president and confirmation by the Senate.
The court ruled, in a 6-3 decision, to back the Affordable Care Act provision stating that it is constitutional. They reasoned against the argument that they should be principal officers by saying the Secretary of Health and Human Services has the ability to remove and replace members as they see fit – and even ignore recommendations entirely.
This decision allows millions of Americans to continue receiving preventive care, such as mammograms, colonoscopies and PrEP, at no cost to them. For many, these services are necessary and may be out of reach without this ACA provision.
This is the fourth time in the past 13 years that the Supreme Court has rejected challenges to the ACA. This time around, the majority decision was cross-ideological.
Many healthcare experts are praising this decision as a major win for public health. Legal experts note that it also helps preserve the authority of health experts in shaping public policies. Critics, however, argue that it gives too much power to advisory groups, which may go unchecked.
