The Biden administration is preparing to ask the Supreme Court to review a case that could significantly alter access to free preventive health screenings and birth control under the Affordable Care Act (ACA), commonly known as Obamacare.

The case, Braidwood Management v. Becerra, raises critical questions about the constitutional authority of federal committees responsible for determining covered health services under the program known as Obama care, with the Biden team seeking resolution, as the Washington Examiner reports.

This legal challenge, originating from Christian-owned businesses and individuals in Texas, contends that Obamacare’s mandate for preventive services is unconstitutional.

The plaintiffs argue that the expert committees and federal agencies involved in recommending these services do not possess Congressional authority. Moreover, they claim that the mandate requiring coverage of preventive HIV medication infringes on their religious freedoms.

In June, the 5th Circuit Court of Appeals issued a "mixed bag" ruling on this case. The court found that the U.S. Preventive Services Task Force, which plays a crucial role in recommending covered services, lacks constitutional authority since its members are not confirmed by the Senate. This decision potentially affects millions of Americans who rely on employer-provided health insurance for preventive care.

Biden Administration Faces Legal Hurdles

The 5th Circuit’s ruling, however, did not entirely resolve the case. The appeals court left the challenge to two other groups -- the Advisory Committee on Immunization Practices and the Health Resources and Services Administration -- open for further legal scrutiny. Both committees derive their authority from the Department of Health and Human Services.

The 5th Circuit redirected the question of these groups' constitutional authority back to U.S. District Court for Northern Texas Judge Reed O’Connor. Judge O’Connor is no stranger to high-stakes Obamacare litigation. In 2018, he struck down the entirety of the ACA as unconstitutional, a decision that was later overturned by the Supreme Court in 2021.

On Tuesday, Judge O’Connor announced that the Biden administration intends to file a motion for the Supreme Court to hear the case. This move underscores the administration’s commitment to defending Obamacare and ensuring continued access to preventive services.

Impact on Millions of Americans

If the Supreme Court decides to take up the case, the outcome could have widespread implications. Approximately 164 million people who receive health insurance through their employers could be affected by changes to the ACA's preventive services mandate.

The stakes are high, as evidenced by recent polling data. An April poll revealed that 62% of Americans consider it "very important" for insurance to cover most preventive services. This same poll also found that 62% of respondents hold a favorable view of Obamacare, the highest level of support since the law’s passage in 2010.

Upcoming Supreme Court Decision Could Shape Future of Obamacare

The Biden administration faces a looming deadline of September 19 to file its petition with the Supreme Court. This request for review comes at a critical time when the future of Obamacare's preventive services provisions hangs in the balance.

The legal debate surrounding the ACA’s preventive services mandate has far-reaching implications not only for the individuals and businesses involved in the lawsuit but also for the broader American public. As the case progresses, it will likely reignite discussions about the role of federal agencies and expert committees in shaping healthcare policy.

Should the Supreme Court agree to hear the case, it will be the latest in a series of legal battles over the ACA. The law has faced numerous challenges since its enactment, with each case carrying significant consequences for millions of Americans.

Religious Freedom Claims Add Complexity

The religious freedom argument presented by the plaintiffs adds another layer of complexity to the case. The challenge to the preventive HIV medication mandate highlights the ongoing tension between religious beliefs and federal healthcare mandates.

This issue could become a focal point in the Supreme Court's review, as it has the potential to set a precedent for how religious freedom is balanced against public health requirements in the future.

Conclusion

The Biden administration's decision to seek Supreme Court intervention in the Braidwood Management v. Becerra case underscores the high stakes involved.

With a potential impact on 164 million Americans and the future of Obamacare's preventive services mandate at risk, the outcome of this case could have lasting effects on the nation's healthcare system.

As the administration prepares its arguments, all eyes will be on the Supreme Court to see whether it will take up this pivotal case. The legal battle over the ACA continues, with millions of Americans awaiting the next chapter in this ongoing saga.