Braidwood Management Inc. v. Kennedy
Case Overview
Insurance companies sued to avoid covering HIV-prevention medication without a copay, arguing that the government board that decides which preventive treatments insurers must cover was unconstitutionally appointed. The hope was to replace all 16 members with Trump picks who would drop the requirement. The Supreme Court ruled 6 to 3 in June 2025 that the board members are what the law calls 'inferior officers,' meaning they don't need Senate confirmation, and the coverage requirement stands. That settled the Appointments Clause question, but the case went back to the district court on a separate challenge to the HHS ratification process, so it's not fully over.
Legal Issues
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The Conclusion
**The Supreme Court held 6-3 that the board determining preventive treatment coverage requirements consists of inferior officers who don't require Senate confirmation.** The Appointments Clause challenge failed, preserving the requirement that insurers cover HIV-prevention medication without copay, though the case was remanded to district court on a separate HHS ratification challenge.
Case Analysis
Overview
Insurance companies sued to avoid covering HIV-prevention medication without a copay, arguing that the government board that decides which preventive treatments insurers must cover was unconstitutionally appointed. The hope was to replace all 16 members with Trump picks who would drop the requirement. The Supreme Court ruled 6 to 3 in June 2025 that the board members are what the law calls 'inferior officers,' meaning they don't need Senate confirmation, and the coverage requirement stands. That settled the Appointments Clause question, but the case went back to the district court on a separate challenge to the HHS ratification process, so it's not fully over.
Conclusion
**The Supreme Court held 6-3 that the board determining preventive treatment coverage requirements consists of inferior officers who don't require Senate confirmation.** The Appointments Clause challenge failed, preserving the requirement that insurers cover HIV-prevention medication without copay, though the case was remanded to district court on a separate HHS ratification challenge.
Notes
N.D. Tex. ACA preventive services case. Renamed Becerra→Kennedy (RFK Jr. As HHS Sec). SCOTUS decided June 2025. SCOTUS docket and CL_ID need verification.
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