TFAH Statement on SCOTUS Decision in Kennedy v. Braidwood Management

(Washington, DC – July 10, 2025) – The U.S. Supreme Court’s ruling in Kennedy v. Braidwood Management, Inc. upheld the constitutionality of a central provision of the Affordable Care Act that mandates no-cost insurance coverage for recommended preventive health services. The decision is an important victory for Americans’ access to the preventive services recommended by the U.S. Preventive Services Task Force (USPSTF) at no cost to the patient.

The decision protects access to lifesaving health screenings, including screenings for cancer and diabetes, preventive screening and treatment for pregnant women, and preventive services for heart disease, and HIV. Access to these screening tools and treatments without cost-sharing is critical to safeguarding and improving Americans’ health. Research has shown that when preventive screening and services require cost-sharing by the patient, fewer people get these screenings or preventive care. Delayed or denied preventive services can lead to worse health outcomes and higher rates of disease.

While the court’s preservation of no-cost access to health screenings and treatments is critical, a second aspect of the decision – affirming that the Secretary of Health and Human Services has the power to “direct and supervise” the work of the USPSTF, including the ability to remove and replace Task Force members at will or potentially reject their recommendations – is concerning.  It is vital that the scientific independence and integrity of the Task Force be upheld.

Trust for America’s Health, with the American Public Health Association, Robert Wood Johnson Foundation, and a coalition of 115 public health and health policy deans and scholars authored an amicus brief to the court outlining the health impacts that the loss of no-cost coverage of preventive health services and screenings would have for the over 150 million Americans who are enrolled in private insurance plans.