Kennedy v. Braidwood Management, Inc.

On June 27, 2025, the U.S. Supreme Court decided Kennedy v. Braidwood Management, Inc., a case originating in Texas. Braidwood Management, a Christian-owned company, challenged an Affordable Care Act rule requiring employers to cover preventive services recommended by the U.S. Preventive Services Task Force, including HIV prevention drugs known as PrEP. The company argued that the mandate violated the Religious Freedom Restoration Act and the Appointments Clause because Task Force members are not appointed by the President or confirmed by the Senate. The Court ruled that the Task Force's recommendations could not be enforced as mandatory coverage requirements, siding with Braidwood. The decision removes guaranteed no-cost coverage for many preventive services nationwide, shifting authority to Congress or states, and affecting millions of insured Americans.

The Supreme Court held that members of the U.S. Preventive Services Task Force are principal officers who must be appointed by the President and confirmed by the Senate. Their recommendations therefore cannot be enforced as binding coverage mandates. The case was remanded for further proceedings on the Religious Freedom Restoration Act claim and the appropriate remedy, potentially limiting relief to the plaintiffs.

Whether the Affordable Care Act's preventive-services mandate exceeds constitutional limits under the Appointments Clause; whether it substantially burdens Braidwood's religious exercise under the Religious Freedom Restoration Act; and the proper scope of any nationwide injunction.

The ruling eliminates guaranteed free preventive services such as PrEP, cancer screenings, and contraceptives under the Affordable Care Act nationwide, creates uncertainty for insurers and patients, prompts calls for congressional action, and is widely seen as a victory for religious liberty and limited government.