Patient and Medical Professional Organizations Applaud U.S. Supreme Court’s Decision to Take the Case of Braidwood v. Becerra, Urge the Justices to Protect Access to Preventive Services

Last Friday, the U.S. Supreme Court announced its decision to grant the government’s petition for certiorari in the Braidwood Management v. Becerra case. At the core of this case is the requirement under the Affordable Care Act (ACA) for most insurers to cover preventive services recommended by the United States Preventive Services Task Force (USPSTF) without cost-sharing by patients. 

Patient and medical professional organizations had filed an amicus brief urging the Supreme Court to take the case and reverse the decision of the U.S. Court of Appeals for the Fifth Circuit as to the constitutionality of the provisions relating to the USPSTF. They argue that the ruling at stake threatens to drastically reduce insurance coverage for USPSTF-recommended services, deter utilization of those services, worsen patient outcomes and potentially increase costs.  

Below is an excerpt of the brief filed in October 2024:

“Amici support the petition for certiorari because preventive care recommended by USPSTF is crucial for maintaining strong public health, preventing the development of a wide range of conditions, promoting early detection of certain conditions and improving survival rates. Impeding patients’ access to preventive care would have an immediate and devastating impact.

“The ACA preventive services provision requiring private insurers cover USPSTF-recommended services without cost sharing increases patients’ ability to receive care that can prevent disease outright, identify conditions early, and reduce the physical and financial burdens of treating severe illnesses. Detecting severe diseases early allows for less invasive, more effective, and lower-cost treatment options, and substantially improves patient outcomes. The ACA’s preventive-care requirements have functioned for more than ten years, enabling millions of Americans to obtain preventive care and improving utilization of these vital services nationwide. Reducing insurance coverage for preventive services will lead to worsening patient outcomes, resulting in preventable deaths, and creating higher long-term medical costs.

The full list of groups who joined the amicus is as follows:

American Academy of Family Physicians  

American Academy of Ophthalmology  

American Academy of Pediatrics  

American Cancer Society  

American Cancer Society Cancer Action Network  

American College of Chest Physicians  

American College of Obstetricians and Gynecologists  

American College of Occupational and Environmental Medicine  

American College of Physicians  

American Kidney Fund  

American Medical Association  

American Medical Women's Association  

American Osteopathic Association  

American Psychiatric Association  

American Society for Gastrointestinal Endoscopy  

American Society of Clinical Oncology  

American Thoracic Society  

Arthritis Foundation  

Cancer Support Community  

Crohn's and Colitis Foundation  

Cystic Fibrosis Foundation  

Epilepsy Foundation of America  

GLMA: Health Professionals Advancing LGBTQ+ Health  

Hemophilia Federation of America  

Infectious Diseases Society of America  

National Hispanic Medical Association  

National Medical Association  

National Minority Quality Forum  

National Multiple Sclerosis Society  

National Patient Advocate Foundation  

Society for Maternal-Fetal Medicine  

Society of Laparoscopic and Robotic Surgeons  

The AIDS Institute  

The Leukemia & Lymphoma Society  

Undersea and Hyperbaric Medical Society