Attorney General Phil Weiser urges U.S. Supreme Court to protect access to preventive health care

Feb. 25, 2025 (DENVER) – Attorney General Phil Weiser today joined a coalition of 23 attorneys general in filing a brief urging the U.S. Supreme Court to uphold a key provision of the Affordable Care Act (PDF download) that guarantees access to preventive health care for millions of Americans. The coalition is asking the court to reverse a lower court ruling that found the structure of the U.S. Preventive Services Task Force unconstitutional, a decision that threatens access to lifesaving medical care.

“Preventive health care saves lives. For more than a decade, the Affordable Care Act has ensured that Americans can access critical health services, like cancer screenings and routine checkups, without financial barriers,” Weiser said. “This lawsuit puts millions of Americans at risk of losing that protection, which is why we are urging the Supreme Court to uphold this vital provision.”

Before the law’s passage, many Americans struggled to afford preventive services such as cancer and heart disease screenings, mammograms, and diabetes tests, which were often not covered by insurance. The ACA removed that financial barrier by requiring most private insurance plans to cover recommended services without out-of-pocket costs, including copayments and deductibles.

Weiser and the coalition are urging the Supreme Court to reverse the U.S. Court of Appeals for the 5th Circuit’s decision in Kennedy v. Braidwood Management Inc. The coalition argues that the 5th Circuit wrongly concluded that the task force exercises unconstitutional authority over insurance plans. Their brief explains that the task force’s members are properly appointed and supervised by the secretary of the U.S. Department of Health and Human Services.

If the ruling stands, it could create a significant gap in health coverage that states would be unable to fill, as federal law restricts their ability to regulate certain insurance plans.

Since the ACA became law in 2010, its preventive services provision has significantly improved public health outcomes. In addition to saving lives, the provision has helped reduce socioeconomic, racial, and ethnic disparities in health care by expanding access to essential services.

Attorneys general joining Weiser in filing the brief represent Arizona, California, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.

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Media Contact:
Lawrence Pacheco
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lawrence.pacheco@coag.gov