The Supreme Court has ruled in Braidwood Management v. Becerra, affirming the ACA provision for mandatory coverage of preventive services without cost-sharing. The case arose from challenges by Texas residents and certain businesses concerning the constitutionality of the U.S. Preventive Services Task Force's composition and the religious implications of mandated coverage. The ruling clarified that task force members are considered inferior officers and affirmed HHS Secretary's authority over appointments. The court left open the issue of religious exemptions, noting that further proceedings on this matter are ongoing at the district court level.
The Court's handling of the religious freedom claim signals that employers with sincerely held religious objections may still seek exemptions from certain coverage mandates under RFRA.
Justice Kavanaugh highlighted that the members of the U.S. Preventive Services Task Force are considered inferior officers and thus do not require the Senate's approval.
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