In the case of Kennedy v. Braidwood Management, justices Kavanaugh and Barrett seem inclined to uphold the Affordable Care Act's provision for no-cost preventive services amidst a lawsuit questioning the U.S. Preventive Services Task Force's constitutionality. Debates centered on the Task Force's independence and legislative authority. Both justices displayed skepticism towards claims that the Task Force operates outside of necessary government oversight, hinting at a potential ruling in favor of maintaining critical health services.
Justice Kavanaugh’s remarks indicated a strong understanding of the Health and Human Services' authority over preventive care recommendations, arguing that at-will removal grants significant leverages.
Justice Barrett labeled the argument for complete independence as "maximalist", highlighting her view that oversight is necessary and will not infringe upon the Task Force's functionality.
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