NPR  |  August 9, 2022

“The plaintiffs seem perhaps extra motivated by the contraceptive requirement and coverage of services like PrEP,” says Katie Keith, director of the Health Policy and the Law Initiative at the O’Neill Institute at Georgetown University. But she says the lawsuit is broad in its reach: “This is very clearly a threat to the entire preventive services requirement under the Affordable Care Act.”

One of the plaintiffs’ legal arguments rests on the nondelegation doctrine, the principle that Congress may not delegate its legislative power to other entities, explains Andrew Twinamatsiko of the O’Neill Institute for National and Global Health at Georgetown University.

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