Supreme Court of the United States · Official docket →
Robert F. Kennedy, Jr., Secretary of Health and Human Services, et al. v. Braidwood Management, Inc., et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-10326 · judgment June 21, 2024
Before the decision, about 11.8× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fifth Circuit decision below, and down for a business respondent.
Question presented
The U.S. Preventive Services Task Force (Task Force), which sits within the Public Health Service of the Department of Health and Human Services (HHS), issues clinical recommendations for preventive medical services, such as screenings and medications to prevent serious diseases. Under the Patient Protection and Affordable Care Act, Pub. L. No. 111 -148, 124 Stat. 119, health insurance issuers and group health plans must cover certain preventive services recommended by the Task Force without imposing any cost-sharing requirements on patients. 42 U.S.C. 300gg-13(a)(1). The question presented is as follows: Whether the court of appeals erred in holding that the structure of the Task Force violates the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, and in declining to sever the statutory provision that it found to unduly insulate the Task Force from the HHS Secretary’s supervision. ORDER OF APRIL 24, 2025: THE PARTIES ARE DIRECTED TO FILE SUPPLEMENTAL LETTER BRIEFS ADDRESSING THE FOLLOWING QUESTION: WHETHER CONGRESS HAS “BY LAW” VESTED THE SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES WITH THE AUTHORITY TO APPOINT MEMBERS OF THE UNITED STATES PREVENTIVE SERVICES TASK FORCE. U. S. CONST. ART. II, §2, CL. 2. THE BRIEFS SHOULD ADDRESS THIS COURT’S DECISIONS IN UNITED STATES V. HARTWELL, 6 WALL. 385 (1868), AND UNITED STATES V. SMITH, 124 U. S. 525 (1888). THE BRIEFS, NOT TO EXCEED 15 PAGES, ARE TO BE FILED SIMULTANEOUSLY WITH THE CLERK AND SERVED UPON OPPOSING COUNSEL ON OR BEFORE 2 P.M., MONDAY, MAY 5, 2025.
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
Jonathan F. Mitchell
Mitchell Law PLLC
Case
Conference history
Distributed for 1 conference
Amicus briefs
4 cert-stage · 22 merits
(14 supporting pet./neither, 8 respondent)
Argument & decision
Argued April 21, 2025 — Hashim M. Mooppan · Jonathan F. Mitchell. Audio and transcript
Decided June 27, 2025. Opinion by Kavanaugh.
Proceedings
- Jul 29 2025Judgment Issued.
- Jun 27 2025Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Barrett, and Jackson, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito and Gorsuch, JJ., joined.
- May 05 2025Supplemental letter brief of petitioners Robert F. Kennedy, Jr., Secretary of Health and Human Services, et al. filed. (Distributed)
- May 05 2025Supplemental brief of respondent Braidwood Management, Inc., et al. filed. (Distributed)
- May 02 2025Motion of New Civil Liberties Alliance for leave to file amicus brief submitted.
- Apr 24 2025The parties are directed to file supplemental letter briefs addressing the following question: Whether Congress has “by Law” vested the Secretary of the Department of Health and Human Services with the authority to appoint members of the United States Preventive Services Task Force. U. S. Const. art. II, §2, cl. 2. The briefs should address this Court’s decisions in United States v. Hartwell, 6 Wall. 385 (1868), and United States v. Smith, 124 U. S. 525 (1888). The briefs, not to exceed 15 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, May 5, 2025.
- Apr 21 2025Argued. For petitioners: Hashim M. Mooppan, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Jonathan F. Mitchell, Austin, Tex.
- Apr 11 2025Reply of petitioners Robert F. Kennedy, Jr., Secretary of Health and Human Services, et al. filed. (Distributed)
- Mar 27 2025Brief amicus curiae of Christian Employers Alliance filed. (Distributed)
- Mar 27 2025Brief amicus curiae of Manhattan Institute filed. (Distributed)
- Mar 27 2025Brief amicus curiae of Cato Institute filed. (Distributed)
- Mar 27 2025Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
- Mar 27 2025Brief amici curiae of Texas, et al. filed. (Distributed)
- Mar 27 2025Brief amicus curiae of The Buckeye Institute filed. (Distributed)
- Mar 26 2025Brief amicus curiae of Association of American Physicians and Surgeons filed. (Distributed)
- Mar 21 2025Brief amicus curiae of Goldwater Institute filed. (Distributed)
- Mar 20 2025Brief of respondents Braidwood Management, Inc., et al. filed. (Distributed)
- Mar 19 2025CIRCULATED
- Mar 07 2025Record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk.
- Mar 03 2025Brief amicus curiae of American College of Gastroenterology in support of neither party filed.
- Feb 25 2025Record requested from the United States Court of Appeals for the Fifth Circuit.
- Feb 25 2025Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
- Feb 25 2025Brief amici curiae of National Alliance of State and Territorial AIDS Directors, et al. filed.
- Feb 25 2025Brief amici curiae of United States of Care, et al. filed.
- Feb 25 2025Brief amici curiae of Public Citizen, et al. filed.
- Feb 25 2025Brief amicus curiae of Gilead Sciences, Inc. filed.
- Feb 25 2025Brief amici curiae of American Public Health Association, et al. filed.
- Feb 25 2025Brief amici curiae of Chronic Illness and Disability Partnership, et al. filed.
- Feb 25 2025Brief amicus curiae of The Susan G. Komen Breast Cancer Foundation, Inc. filed.
- Feb 25 2025Brief amici curiae of HIV and Hepatitis Policy Institute, et al. filed.
- Feb 25 2025Brief amici curiae of Patient and Physician Professional Organizations filed.
- Feb 25 2025Brief amici curiae of Illinois, et al. filed.
- Feb 25 2025Amicus brief of 48 Bipartisan Economic and Social Science Scholars not accepted for filing. (To be corrected - February 28, 2025)
- Feb 25 2025Brief amici curiae of 48 Bipartisan Economic and Social Science Scholars filed. (Corrected)
- Feb 25 2025Amicus brief of Center for HIV Law and Policy, et al. not accepted for filing. (To be corrected - February 28, 2025)
- Feb 25 2025Brief amici curiae of Center for HIV Law and Policy, et al. filed. (Corrected)
- Feb 25 2025Amicus brief of 35 Health Care Access Organizations not accepted for filing. (Counsel of record resubmitted using corrected notice of appearance--National Alliance of State and Territorial Aids Directors, et al.--April 01, 2025.)
- Feb 24 2025SET FOR ARGUMENT on Monday, April 21, 2025.
- Feb 24 2025Brief amici curiae of American Hospital Association, et al. filed.
- Feb 18 2025Brief of petitioners Robert F. Kennedy, Jr., et al. filed.
- Feb 18 2025Joint appendix filed. (Statement of costs filed.)
- Jan 10 2025Petition GRANTED.
- Dec 18 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 18 2024Reply of petitioners Xavier Becerra, et al. filed. (Distributed)
- Oct 21 2024Brief amici curiae of The American Public Health Association, et al. filed.
- Oct 21 2024Brief amici curiae of The American Cancer Society, et al. filed.
- Oct 21 2024Brief amici curiae of 35 Health Care Access Organizations filed.
- Oct 21 2024Brief of respondents Braidwood Management, Inc., et al. in support filed.
- Oct 21 2024Brief amici curiae of Illinois, et al. filed.
- Sep 19 2024Petition for a writ of certiorari filed. (Response due October 21, 2024)