The Supreme Court is considering a challenge brought by Christian employers and individuals who object on religious grounds to the Preventive Services Task Force’s recommendation of no-cost coverage for the HIV prevention medication PrEP. The case, however, does not focus on religious freedom but rather on whether the task force is unconstitutionally structured. The challengers argue that the task force violates the appointments clause as its members are not nominated by the president and confirmed by the Senate. A ruling in favor of the challengers could cast doubt on previous decisions made by the task force and insurers may no longer be required to cover certain preventive services. The Trump administration is defending the task force’s constitutionality, arguing that the members are lawfully appointed under the supervision of the health and human services secretary. The challengers dispute this argument, stating that it gives the secretary powers not outlined in the statute. A federal judge in Texas initially ruled the task force unconstitutional, but the 5th U.S. Circuit Court of Appeals narrowed the ruling. The Biden administration brought the case to the Supreme Court. Ultimately, the court will decide whether the task force’s structure is constitutional and what actions, if any, need to be taken to remedy any issues.
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