[This post is co-authored with Professor Seth Barrett Tillman.]
On Monday, April 21, the Supreme Court heard oral argument in Kennedy v. Braidwood Management. On April 25, the Supreme Court requested supplemental briefing in the case:
The parties are directed to file supplemental letter briefs addressing the following question: Whether Congress has "by Law" vested the Secretary of the Department of Health and Human Services with the authority to appoint members of the United States Preventive Services Task Force. U. S. Const. art. II, §2, cl. 2. The briefs should address this Court's decisions in United States v. Hartwell, 6 Wall. 385 (1868), and United States v. Smith, 124 U. S. 525 (1888).
