Braidwood Management, Inc., et al. v. Xavier Becerra, Secretary of Health and Human Services, et al.

The Affordable Care Act requires private health insurers to cover “preventive health services” without cost-sharing arrangements. See 42 U.S.C. § 300gg-13(a). But the statute does not specify or delineate the “preventive” care that private insurers must cover. Instead, section 300gg-13(a)(1)–(4) delegates this authority to the U.S. Preventive Services Task Force (the Task Force), the Advisory Committee on Immunization Practices (ACIP), and the Health Resources and Services Administration (HRSA) — and it empowers these bodies to unilaterally determine the preventive care that private health insurance must cover. The question presented in this cross-petition is: Does 42 U.S.C. § 300gg-13(a)(1)–(4) violate the non-delegation doctrine by empowering agencies to unilaterally decree the preventive care that private health insurers must cover, while failing to provide an “intelligible principle” to guide the discretion of those agencies? (i)