Conservative Institute By Oliver Winters
The justices of the U.S. Supreme Court just gave the Trump administration a deadline for the Obamacare case that is before it.
This was just days after the justices heard oral arguments in the case, which is known as Kennedy v. Braidwood.
The question before the Supreme Court, according to ABC News, is “the constitutionality of a government task force that determines what preventive health care services insurers must cover at no cost under the Affordable Care Act of 2010.”
The outlet goes on to report:
A group of Christian-owned businesses is challenging the arrangement, alleging that the U.S. Preventive Services Task Force, which operates out of the Department of Health and Human Services, is not legally structured and possesses unchecked power to influence the health care system. Lower federal courts agreed.
Oral arguments in the case took place before the Supreme Court, last week. ABC reports that the justices, during those argument appeared “divided.”
The outlet writes:
The Court’s three liberal members — Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — all appeared inclined to uphold the task force’s authority and the recommendations for covered preventive services since 2010. Justices Brett Kavanaugh and Amy Coney Barrett also seemed open to affirm the arrangement under the landmark health law, but their positions were not entirely clear.
On the other hand, “Justices Samuel Alito, Clarence Thomas and Neil Gorsuch appeared more sympathetic to the challengers,” and “Chief Justice John Roberts… remained relatively quiet during the debate.”
The justices have issued a May 5, 2025, at 2 p.m. deadline for the U.S. Department of Justice (DOJ) to file briefs in the case.
The Supreme Court’s order reads:
The parties are directed to file supplemental letter briefs addressing the following question: Whether Congress has ‘by Law’ vested the Secretary of the Department of Health and Human Services with the authority to appoint members of the United States Preventive Services Task Force. U. S. Const. art. II,§2, cl. 2,
Now, we will wait to see what the parties come up with in their briefs in response to this question…
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