The Supreme Court appeared ready during oral arguments Monday to uphold a nationwide preventive care coverage mandate created by the 2010 health care law, in a challenge from a group of Texas businesses objecting to coverage for an HIV preventive drug.
Several key justices questioned the reasoning behind a decision by the U.S. Court of Appeals for the 5th Circuit, which held that the task force that makes decisions about preventive care was unconstitutional because the Senate does not confirm its members.
The challengers and the 5th Circuit decision pointed to provisions in the law that require the U.S. Preventive Services Task Force be “independent” of political influence.