Kennedy v. Braidwood Management, Inc.
Holding
Members of the U.S. Preventive Services Task Force are inferior officers whose appointment by the Secretary of the Department of Health and Human Services is consistent with the appointments clause.
Judgment
Reversed and remanded, 6-3, in an opinion by Brett Kavanaugh on Jun 27, 2025. Justice Thomas filed a dissenting opinion, joined by Justices Alito and Gorsuch.
Sep 19, 2024Petition for a writ of certiorari filed. (Response due October 21, 2024)Oct 21, 2024Brief amici curiae of The American Public Health Association, et al. filed.Oct 21, 2024Brief amici curiae of The American Cancer Society, et al. filed.Oct 21, 2024Brief amici curiae of 35 Health Care Access Organizations filed.Oct 21, 2024Brief of respondents Braidwood Management, Inc., et al. in support filed.Oct 21, 2024Brief amici curiae of Illinois, et al. filed.
Dec 18, 2024DISTRIBUTED for Conference of 1/10/2025.
Dec 18, 2024Reply of petitioners Xavier Becerra, et al. filed. (Distributed)Jan 10, 2025Petition GRANTED.
Feb 18, 2025Brief of petitioners Robert F. Kennedy, Jr., et al. filed.Feb 18, 2025Joint appendix filed. (Statement of costs filed.)Feb 24, 2025SET FOR ARGUMENT on Monday, April 21, 2025.
Feb 24, 2025Brief amici curiae of American Hospital Association, et al. filed.Feb 25, 2025Record requested from the United States Court of Appeals for the Fifth Circuit.
Feb 25, 2025Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Feb 25, 2025Brief amici curiae of National Alliance of State and Territorial AIDS Directors, et al. filed.Feb 25, 2025Brief amici curiae of United States of Care, et al. filed.Feb 25, 2025Brief amici curiae of Public Citizen, et al. filed.Feb 25, 2025Brief amicus curiae of Gilead Sciences, Inc. filed.Feb 25, 2025Brief amici curiae of American Public Health Association, et al. filed.Feb 25, 2025Brief amici curiae of Chronic Illness and Disability Partnership, et al. filed.Feb 25, 2025Brief amicus curiae of The Susan G. Komen Breast Cancer Foundation, Inc. filed.Feb 25, 2025Brief amici curiae of HIV and Hepatitis Policy Institute, et al. filed.Feb 25, 2025Brief amici curiae of Patient and Physician Professional Organizations filed.Feb 25, 2025Brief amici curiae of Illinois, et al. filed.Feb 25, 2025Amicus brief of 48 Bipartisan Economic and Social Science Scholars not accepted for filing. (To be corrected - February 28, 2025)
Feb 25, 2025Brief amici curiae of 48 Bipartisan Economic and Social Science Scholars filed. (Corrected)Feb 25, 2025Amicus brief of Center for HIV Law and Policy, et al. not accepted for filing. (To be corrected - February 28, 2025)
Feb 25, 2025Brief amici curiae of Center for HIV Law and Policy, et al. filed. (Corrected)Feb 25, 2025Amicus brief of 35 Health Care Access Organizations not accepted for filing. (Counsel of record resubmitted using corrected notice of appearance--National Alliance of State and Territorial Aids Directors, et al.--April 01, 2025.)
Mar 3, 2025Brief amicus curiae of American College of Gastroenterology in support of neither party filed.Mar 7, 2025Record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk.
Mar 19, 2025CIRCULATED
Mar 20, 2025Brief of respondents Braidwood Management, Inc., et al. filed. (Distributed)Mar 21, 2025Brief amicus curiae of Goldwater Institute filed. (Distributed)Mar 26, 2025Brief amicus curiae of Association of American Physicians and Surgeons filed. (Distributed)Mar 27, 2025Brief amicus curiae of Christian Employers Alliance filed. (Distributed)Mar 27, 2025Brief amicus curiae of Manhattan Institute filed. (Distributed)Mar 27, 2025Brief amicus curiae of Cato Institute filed. (Distributed)Mar 27, 2025Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)Mar 27, 2025Brief amici curiae of Texas, et al. filed. (Distributed)Mar 27, 2025Brief amicus curiae of The Buckeye Institute filed. (Distributed)Apr 11, 2025Reply of petitioners Robert F. Kennedy, Jr., Secretary of Health and Human Services, et al. filed. (Distributed)Apr 21, 2025Argued. For petitioners: Hashim M. Mooppan, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Jonathan F. Mitchell, Austin, Tex.
Apr 24, 2025The 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). The briefs, not to exceed 15
pages, are to be filed simultaneously with the Clerk and served
upon opposing counsel on or before 2 p.m., Monday, May 5, 2025.
May 2, 2025Motion of New Civil Liberties Alliance for leave to file amicus brief submitted.May 5, 2025Supplemental letter brief of petitioners Robert F. Kennedy, Jr., Secretary of Health and Human Services, et al. filed. (Distributed)May 5, 2025Supplemental brief of respondent Braidwood Management, Inc., et al. filed. (Distributed)Jun 27, 2025Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Barrett, and Jackson, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito and Gorsuch, JJ., joined.
Jul 29, 2025Judgment Issued.Recommended Citation: Kennedy v. Braidwood Management, Inc., SCOTUSblog, https://www.scotusblog.com/cases/becerra-v-braidwood-management-inc/