DOJ Will Ask SCOTUS To Take Up Braidwood

The Biden administration plans to ask the Supreme Court to review the Fifth Circuit Court’s decision in Braidwood v. Becerra that found the Affordable Care Act’s provision requiring cost-free coverage of certain preventive services recommended by a task force violates the Appointment Clause -- but allowed HHS to enforce the provision nationwide but not against the plaintiffs as the case works its way through the courts. The DOJ petition is due by Sept. 19, according to a recent order...