NASTAD Applauds Kennedy v. Braidwood Ruling: USPSTF Held Constitutional

FOR IMMEDIATE RELEASE: June 27, 2025   

CONTACT: Kyle Taylor, Director, Communications, NASTAD

Washington, DC - On June 27, 2025, the United States Supreme Court issued its decision on Kennedy v. Braidwood, addressing the constitutionality of the U.S. Preventive Services Task Force (USPSTF) and its preventive service recommendations under the Affordable Care Act (ACA).  

NASTAD applauds the Supreme Court’s decision to uphold the constitutionality of the USPSTF, meaning that insurers remain required by federal law to cover USPSTF recommendations.  These essential services – ranging from HIV PrEP to breast and other cancer screenings – are integral to effective healthcare nationwide, and the Supreme Court’s decision ensures these expertly-recommended services are accessible without cost-sharing. 

However, the win is not without caveats.  In making the successful argument for the task force’s constitutionality, the government’s strategy included asserting that there was adequate oversight over the USPSTF.  The government chose to do so by asserting that the Secretary of the Department of Health and Human Services (HHS) has the authority to remove USPSTF members at will and veto recommendations made by the USPSTF.  In making its ruling, the Supreme Court accepted this argument of oversight authority. 

Implications of decision: 

• The Supreme Court’s decision upholds the ACA’s mandate to cover USPSTF-recommended services.  Insurers are required by federal law to cover these services without cost-sharing.
• The HHS Secretary holds the power to 1) remove USPSTF members at will and 2) veto future recommendations made by the USPSTF. 

In moving forward, the extent to which the HHS Secretary will exert power over the USPSTF remains uncertain.  However, preventive care recommendations already made by the USPSTF are currently required to be covered by all health care insurers without cost sharing. 

“This is a momentous win for Americans’ access to life-saving preventive care.”, said Stephen Lee, NASTAD’s Executive Director. “Access to quality prevention services is essential in ending the epidemics.”