GQ  |  December 16, 2022

The plaintiffs, which include Braidwood Management, argue that the ACA preventive health requirements also violate the Appointments Clause US Constitution, which permits the president—and the president only—to select representatives to fulfill the government’s interests. The ACA tasks the U.S. Preventive Services Task Force, the Advisory Committee on Immunization Practices, and the Health Resources and Services Administration to collectively determine what preventative services employers must provide in the healthcare plans they offer employees. “The plaintiffs say these folks have a lot of power with unbridled discretion,” says Andrew J. Twinamatsiko, an associate director of the Health Policy and the Law Initiative at the Georgetown Law’s O’Neill Institute.

Read more here.