No. 24-475

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

Lower Court: Fifth Circuit
Docketed: 2024-10-30
Status: Denied
Type: Paid
Experienced Counsel
Tags: administrative-law agency-discretion health-insurance non-delegation-doctrine preventive-services statutory-interpretation
Key Terms:
AdministrativeLaw SocialSecurity Privacy JusticiabilityDoctri
Latest Conference: 2025-01-10
Related Cases: 24-316 (Vide)
Question Presented (AI Summary)

Does 42 U.S.C. § 300gg-13(a)(1)–(4) violate the non-delegation doctrine by empowering agencies to unilaterally decree preventive care coverage without an intelligible principle?

Question Presented (OCR Extract)

QUESTION PRESENTED 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)

Docket Entries

2025-01-13
Petition DENIED.
2024-12-18
DISTRIBUTED for Conference of 1/10/2025.
2024-12-09
2024-12-02
Brief of respondents Xavier Becerra, Secretary of Health and Human Services, et al. in opposition filed.
2024-10-21
Petition for a writ of certiorari filed. (Response due November 29, 2024)

Attorneys

Becerra, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Braidwood Management Inc., et al.
Jonathan F. MitchellMitchell Law PLLC, Petitioner
Jonathan F. MitchellMitchell Law PLLC, Petitioner