Most Supreme Court watchers today were focused on the oral argument in the TikTok case, but that’s not all that was going on at One First Street.
Today the Supreme Court granted certiorari in three cases: Becerra v. Braidwood Management, Department of Education v. Career Colleges and Schools of Texas, and Commissioner of Internal Revenue v. Zuch. The first two of these are grants from the U.S. Court of Appeals for the Fifth Circuit, and the first may be particularly significant.
In Becerra v. Braidwood Management, the Court will consider yet another constitutional challenge to an element of the Affordable Care Act, in particular the manner in which the government identifies preventative treatments that must be covered by health insurers without cost to the insured. The specific question presented is:
Whether the U.S. Court of Appeals for the 5th Circuit erred in holding that the structure of the U.S. Preventive Services Task…