The Supreme Court just rule in a 6-3 decision, with Justice Thomas dissenting and joined by Alito and Gorsuch, that the appointment of the U.S. Preventive Services Task Force (USPSTF) is consistent with the Constitution.

The issue, according to SCOTUSblog:

Whether the U.S. Court of Appeals for the 5th Circuit erred in holding that the structure of the U.S. Preventive Services Task Force violates the Constitution’s appointments clause and in declining to sever the statutory provision that it found to unduly insulate the task force from the Health & Human Services secretary’s supervision.

Google puts the issue like this:

The Kennedy v. Braidwood case, now before the Supreme Court, challenges the Affordable Care Act’s (ACA) requirement for private health insurance to cover preventive services recommended by the U.S. Preventive Services Task Force (USPSTF). The core issue is whether the Task Force’s structure, particularly the appointment of its members, violates the Constitution’s Appointments Clause. This case has significant implications for access to preventive healthcare services for millions of Americans.

Here’s the ruling via SCOTUSblog on X:

NEW: In Kennedy v. Braidwood Management, a case about the structure of a task force with the power under the Affordable Care Act to determine which preventive services insurers must cover, the court holds that members do not need to be appointed by the president and confirmed by Senate.

The 6-3 decision is from Justice Kavanaugh, who writes that “Task Force members are inferior officers whose appointment by the Secretary of HHS is consistent with the Appointments Clause.” Justice Thomas filed a dissenting opinion, joined by Alito and Gorsuch.

Amy Howe writes: “The court holds specifically that the task force members can be removed at will by the Secretary of HHS, and their recommendations about preventive services are reviewable by the secretary before they take effect.”