The Biden administration plans to ask the Supreme Court to review a case that could affect access to free preventative health screenings and free birth control under Obamacare , according to a court filing made public Tuesday.
A decision would affect approximately 164 million people who receive health insurance through their employers.
The case, Braidwood Management v. Becerra , involves Christian-owned businesses and individuals in Texas who claim Obamacare’s mandate for complete coverage of preventive services, such as annual physicals and birth control , is unconstitutional.
They argue that the expert committees and the federal agency that determines which services should be covered did not receive the authority to do so from Congress. They also contend that the mandate to provide preventive HIV medication violates their religious freedom rights.
In June, the 5th Circuit Court of Appeals offered what it described as a “mixed bag” of an opinion in the complicated case.
The 5th Circuit ruled that the federal committee responsible for making the recommendation for preventive HIV medication, the U.S. Preventive Services Task Force, lacked constitutional authority to issue legally binding recommendations because members of the panel are not confirmed by the Senate.
But the appeals court left open the challenge to the other two groups responsible for Obamacare preventive recommendations that derive authority from the Department of Health and Human Services : The Advisory Committee on Immunization Practices and the Health Resources and Services Administration.
In its June ruling, the 5th Circuit redesignated the question over the constitutional authority of these two groups back to U.S. District Court for Northern Texas Judge Reed O’Connor, who heard the original suit.
In a prior case, O'Connor struck down the entirety of Obamacare as unconstitutional in 2018, but that ruling was ultimately overturned by the Supreme Court in a 7-2 vote in 2021.
On Tuesday, O’Connor issued a document announcing that the Biden administration’s legal team plans on filing a motion for the Supreme Court to hear a challenge on the 5th Circuit’s judgment in the case.
The Biden administration has until Sept. 19 to file the necessary documents with the Supreme Court.
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An April poll on attitudes toward Obamacare found that 62% of people in the United States, regardless of political affiliation, think it is “very important” that insurance companies continue to cover the costs of most preventive services. That includes 80% of Democrats, 58% of Independents, and 49% of Republicans.
As of April, 62% of people have an overall favorable view of Obamacare, the highest percentage on record since the law was passed in 2010.
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