Supreme Court appears set to uphold task force that advises HHS on preventative care
According to Politico, the Supreme Court appears to be intent on rejecting arguments that a panel which provides advice on Obamacare's coverage mandate is constitutional.
Such a move is likely to be controversial among conservatives, with Republicans being sure to welcome the move while others within the GOP will be outraged.
Plaintiffs cite Constitution's Appointments Clause
At issue is the expert panel that provides advice to the Department of Health and Human Services (HHS) regarding which preventive care measures insurers should be obligated to cover without cost sharing.
Its existence is being challenged by a group of conservative Texas employers who allege that the expert panel and similar task forces violate the Constitution's Appointments Clause.
Specifically, they maintain that such bodies are invalid since as independent entities their members are neither confirmed by the Senate nor appointed by a Senate-confirmed agency head.
Plaintiff Jonathan Mitchell noted to the Supreme Court on Monday that language in the Affordable Care Act guarantees panel members independence from political pressure "to the extent practicable."
Administration: Kennedy has "abundant means" of controlling task force
However, Deputy Solicitor General Hashim Mooppan disputed this characterization, arguing that the U.S. Preventive Services Task Force operates under HHS Secretary Robert F. Kennedy Jr.'s control.
He pointed out that Kennedy can direct the task force to study a particular service or medication. What's more, he has the power to remove task force members and ignore their findings.
Mooppan asserted that Kennedy has "abundant means" of controlling the task force since if the body makes "a recommendation, the secretary can block it."
Politico observed that Justice Elena Kagan seemed sympathetic to Mooppan's reasoning, saying, "We don’t go around just creating independent agencies, more often we destroy independent agencies."
"The idea that we would take a statute which doesn’t set up an independent agency and declare it one, strikes me as pretty inconsistent with everything that we’ve done in this area," she added.
Obamacare supporters warn of potential for "an increase in preventable illness"
"We are going to see an increase in preventable illness and death if we don’t continue access to this no-cost preventive care," she told Politico.
"Pre-ACA, about 10 percent of men and women, and about 30 percent of low-income men and women reported that they postponed or skipped preventive care because of cost," Hempstead continued before adding, "So this seems like a narrow little point of law, but there are enormous consequences."
