America First Legal Secures Major Win Against the Affordable Care Act

Today, AFL and co-counsel Jonathan F. Mitchell secured a resounding win before the US Court of Appeals for the Fifth Circuit in Braidwood Management Inc. v. Becerra. A unanimous panel of the Fifth Circuit held that a key provision of the Affordable Care Act violates Article II’s Appointments Clause by empowering the U.S. Preventive Services Task Force to dictate the preventive care that all private insurers must cover. In other words—unaccountable, unelected bureaucrats don’t get to make unilateral decisions about Americans’ healthcare coverage

“Obamacare,” requires all private health insurers to cover preventive care without any cost-sharing arrangements such as copays or deductibles. It also requires private insurers to cover any preventive care that receives an “A” or “B” rating from the United States Preventive Services Task Force.

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