A coalition of 24 attorneys general are filing a brief with the U.S. Supreme Court, urging the justices to uphold a critical provision of the Affordable Care Act (ACA) that guarantees access to preventive health care for millions of Americans. The coalition is asking the Court to reverse a lower court ruling that deemed the structure of the U.S. Preventive Services Task Force unconstitutional, a decision that could jeopardize access to lifesaving health services.
“The popularity of these drugs has created an opening for scammers and other bad actors looking to make a quick buck, and I am urging the FDA to do more to protect consumers,” Colorado Attorney General Weiser said. “While I hope the FDA ramps up enforcement to respond to the rise in counterfeit GLP-1 drugs, I am also warning Coloradans who want these popular medications to exercise caution. Only take medicine as prescribed by your doctor and be wary of ads on social media promising easier or cheaper access to these drugs.”
“Preventive care is the cornerstone of a healthy society and, in many instances, can be the difference between life and death,” said Callifornia Attorney General Bonta. “That’s why I’m standing with my fellow attorneys general in urging the U.S. Supreme Court to reverse the Fifth Circuit’s decision and preserve the no-cost preventive health care services upon which millions of Americans rely.”
“Access to preventive health services saves lives and reduces long-term costs within the health care system,” Illinois Attorney General Raoul said. “Every American deserves access to preventive health care services like cancer screenings that can catch serious health concerns before they have progressed beyond a point where they can be treated. As a cancer survivor, I am committed to continuing to collaborate with other attorneys general to preserve lifesaving health care.”
The ACA’s preventive services provision has been a game changer by requiring most private insurance plans to cover critical health services without out-of-pocket costs. This includes vital screenings and preventive care, which many Americans previously struggled to afford. Since the ACA’s implementation in 2010, it has significantly improved public health outcomes and helped reduce health disparities across racial, ethnic, and socioeconomic groups.
The coalition’s brief argues that the U.S. Court of Appeals for the 5th Circuit made a mistake in ruling that the task force’s authority over insurance plans is unconstitutional. The attorneys general contend that the task force is properly appointed and supervised by the U.S. Department of Health and Human Services. If the 5th Circuit’s decision stands, it could create a coverage gap that states would be unable to fill due to federal restrictions on regulating insurance plans.
The coalition includes attorneys general from states such as California, New York, Illinois, and Arizona, emphasizing the widespread support for maintaining this vital ACA provision. Weiser and the coalition are hopeful that the Supreme Court will act to preserve the preventive health care protections that have benefited so many Americans.
“Preventive care gives Marylanders the chance to live long, healthy lives,” said Maryland Attorney
General Brown. “No one should be denied lifesaving protection against serious and deadly
diseases just because they can’t afford to pay for it.”
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.
