The U.S. Supreme Court has ruled 6-3 for the Department of Health and Human Services (HHS) in a religious liberty case challenging HHS’s ability to force employers to fund preventative HIV services.

The case Kennedy v. Braidwood, formerly Becerra v. Braidwood (Robert F. Kennedy Jr. took over as HHS secretary during proceedings), was a flashpoint case deciding not only whether HHS can appoint certain officials without congressional and presidential approval, but whether or not the officials in question can override employers’ religious beliefs in medical funding. The decision is a loss therefore for religious liberty.

The court ruled in favor of HHS and against the Christian plaintiffs, according to SCOTUSblog, stating that “Task Force members are inferior officers whose appointment by the Secretary of HHS is consistent with the Appointments Clause,” in the majority decision written by Kavanaugh. Justices Thomas, Alito, and Gorsuch dissented.

Read Also: Dems Love Predators: Newsom Touts Harvey Milk for Pride Month

Susie Moore at RedState summed the case up:

This case involves a challenge to the constitutionality of the U.S. Preventive Services Task Force, a panel of "independent experts" which sits under the HHS umbrella and issues clinical recommendations as to what preventive medical services must be covered by insurance under the Affordable Care Act. The plaintiffs, who have religious objections to some of the recommendations, maintain that the task force should be appointed by the president and approved by the Senate.

The Washington Examiner’s Kaelan Deese explained further details, before Kennedy became secretary. “This case examines whether the HHS can mandate that employers provide certain preventive health services under the Affordable Care Act like PrEP for treating HIV," Deese wrote. "The Court will consider if such mandates infringe upon employers’ religious freedoms.”

Read Also: Hey, GOP: Senate Parliamentarian Isn’t Binding

Deese elucidated in an April article that Braidwood Management is a Texas-based, Christian-owned business that objects to the Obamacare requirement to cover pre-exposure prophylaxis drugs for HIV exposure. This treatment requirement does not align with their religious beliefs. 

The Supreme Court will consider whether the U.S. Preventive Services Task Force is unconstitutional, based on a challenge that its members aren’t nominated by the president or confirmed by the Senate. As it stands, the panel is appointed by the Health and Human Services secretary to recommend which preventive services insurers must cover.

The task force has 16 volunteer members who each serve terms of four years. The Braidwood loss at the Supreme Court means that the task force’s power to enforce binding coverage mandates under Obamacare is still in force and even against employers’ religious convictions.

The SCOTUS decision is one of multiple issued as the Supreme Court’s term comes to an end.

Help us tell the truth about Democrat corruption. Join PJ Media VIP and use promo code FIGHT to get 60% off your membership.