On February 25, 2025, Illinois Attorney General Kwame Raoul led a coalition of 23 attorneys general in filing an amicus brief urging the U.S. Supreme Court to protect a key provision of the Affordable Care Act (ACA) that ensures access to critical preventive care for millions of Americans. he brief calls on the Supreme Court to reverse a lower court’s decision that deemed the structure of the U.S. Preventive Services Task Force unconstitutional.

The ACA’s preventive services provision requires most private insurance plans to cover preventive services recommended by the Task Force without out-of-pocket costs. This provision has been instrumental in expanding access to lifesaving preventive care, including cancer screenings, which were often unaffordable for many Americans before the ACA’s enactment.

Types of Preventive Services Covered

The ACA covers a wide range of preventive services for adults, women, and children:

For Adults:

• Immunizations
• Screenings for depression, blood pressure, colorectal cancer, and high cholesterol
• Diet and alcohol abuse counseling

For Women:

• Well-woman visits
• Breast cancer screenings (mammograms)
• Cervical cancer screenings
• Contraception counseling and methods
• Domestic violence screening and counseling

For Children:

• Autism screening
• Developmental assessments
• Vision and hearing screenings
• Immunizations

The case, Kennedy v. Braidwood Management Inc., originated from a challenge to the ACA’s preventive care mandate. The U.S. Court of Appeals for the 5th Circuit ruled that the Task Force’s structure violates the Appointments Clause of the Constitution, potentially jeopardizing access to crucial preventive services.

Since the ACA’s implementation in 2010, the preventive services provision has significantly improved public health outcomes:

• Within four years of the ACA’s passage, approximately 76 million Americans gained expanded coverage to one or more preventive services.
• As of 2020, an estimated 151.6 million people were enrolled in private insurance plans covering preventive services at no cost to patients.
• The provision has helped reduce socioeconomic, racial, and ethnic disparities in healthcare access.

“Access to preventive health services saves lives and reduces long-term costs within the health care system,” Raoul said. “Every American deserves access to preventive health care services like cancer screenings that can catch serious health concerns before they have progressed beyond a point where they can be treated. As a cancer survivor, I am committed to continuing to collaborate with other attorneys general to preserve lifesaving health care.”

The coalition of attorneys general argues that:

1. The 5th Circuit’s decision is incorrect because Task Force members are constitutionally appointed and supervised by the Secretary of Health and Human Services.
2. Prohibiting enforcement of the preventive services provision could create a significant gap in health coverage that states cannot fill due to federal law restrictions.

If the Supreme Court upholds the lower court’s decision, it could have far-reaching implications for healthcare access in the United States. Millions of Americans could lose access to free preventive care services, including cancer screenings, immunizations, and HIV prevention treatments.

The Supreme Court is scheduled to hear oral arguments in Kennedy v. Braidwood Management Inc. on April 21, 2025.

Additional organizations have filed amicus briefs in support of preserving the ACA’s preventive care provision:

• The American Hospital Association (AHA) and other healthcare organizations filed a brief on February 24, 2025, urging the Supreme Court to reverse the 5th Circuit’s ruling.
• United States of Care, along with 47 other health advocacy organizations, submitted an amicus brief on February 25, 2025.
• Lambda Legal, GLAD Law, Mintz, and other leading HIV and LGBTQ+ organizations filed an amicus brief highlighting the potential impact on HIV prevention efforts, particularly access to PrEP medication.
• A coalition of 33 patient and medical professional organizations filed an amicus brief on February 25, 2025, providing scientific data on the life-saving and cost-effective nature of preventive services.