Most Supreme Court watchers today focused on the oral argument in the TikTok case, but that’s not all that was happening at One First Street.
Today, the Supreme Court certiorari obtained in three cases: Becerra v. Braidwood Management, Ministry of Education v. Texas Colleges and Career SchoolsAnd Commissioner of Internal Revenue v. Zuch. The first two of these are grants awarded by the U.S. Court of Appeals for the Fifth Circuit, and the first could be particularly important.
In Becerra v. Braidwood ManagementThe Court will consider another constitutional challenge to an element of the Affordable Care Act, specifically how the government identifies preventative treatments that must be covered by health insurers at no cost to the insured. The specific question presented is:
Did the United States Court of Appeals for the 5th Circuit err in holding that the structure of the United States Preventive Services Task Force violated the Appointments Clause of the Constitution and in refusing to remove the statutory provision that she said unduly isolated the working group from the health and human rights sector? Supervision of the services secretary.
It should be noted that the Court took no action regarding cross petition in this case, which had raised a different (but no less interesting) question presented:
Does the Affordable Care Act violate the nondelegation doctrine by empowering agencies to unilaterally decree what preventive care private health insurers must cover, while failing to provide an “intelligible principle” to guide the power? discretion of these agencies?
Once again, the Court appears to show that while it likes administrative law cases that raise separation of powers questions, it is not particularly eager to confront nondelegation arguments. On the other hand, the Court could simply reserve this question for the resolution of the The Case for FCC Universal Service Feeswhich also raises non-delegation issues.
