Supreme Court set to hear Oral Arguments in Braidwood, Challenging No-Cost PrEP Coverage under the Affordable Care Act
At 10:00am ET today, the United States Supreme Court will hear oral arguments in Kennedy v. Braidwood. The case is an attack on the provisions of the Affordable Care Act (ACA) that require private insurers to cover preventative care with no co-pay or cost sharing for a range of services from PrEP to cancer screenings. The Supreme Court is being asked to decide whether the method used to determine which preventative care services must be covered is unconstitutional.
Although no longer at issue, it is important to note that when the case was initially brought in the Northern District of Texas, the plaintiffs (Braidwood Management and other Christian corporations) specifically argued that they should not have to cover PrEP, claiming it encouraged “gay sex,” which was against their religion. “This case is one more part of the attacks being brought by the Christian right against LGBTQ+ and Black and brown people,” said Kae Greenberg, CHLP Staff Attorney. “A decision for the plaintiffs on the remaining constitutional issue will, to put it simply, lead to absolutely preventable deaths.”
CHLP and several other Black-led organizations submitted an amicus brief to the court that highlighted the profound harm the loss of free preventative healthcare would have on our communities. A ruling is expected in the case in June or early July.
For more information on the case, see the following resources:
- CHLP and Equality Federation explainer summarizes the main issues in the case: The Supreme Court Case That Could Change Health Care Coverage for Millions of Americans, Equality Federation and CHLP (2025)
- CHLP, PrEP in Black America, Afiya Center, Women with a Vision, SisterLove, BlaqOut, and Equality Federation filed an amicus brief to protect the Black and brown lives that will be lost should this healthcare access be overturned: Black-Led Organizations Mobilize in High-Stakes Supreme Court Battle
- CHLP et al.’s amicus brief to SCOTUS defends access to preventive healthcare: Kennedy v. Braidwood, Amici Curiae Brief, U.S. Supreme Court, CHLP et al. (February 25, 2025)
- CHLPI’s chart lays out which preventative care services are at risk: USPSTF A & B Recommendations as of January 2025
- GLAAD’s explainer highlights how a ruling in favor of Braidwood would harm everyone: How Targeting PrEP Could Negatively Impact Preventive Healthcare for Millions of Americans
- PrEP Users’ Union, Lambda Legal, CHLPI, and CHLP gave a Braidwoodupdate in February: PrEP Access Goes to the Supreme Court
News coverage (updated April 23, 2025):
- LGBTQ groups: SCOTUS case threatens coverage of preventative services beyond PrEP, Washington Blade, April 22, 2025
- This Supreme Court Decision Could Make It Harder For Millions To Access Preventive Health Care, Huffington Post, April 19, 2025
- Free preventive care faces amputation at Supreme Court, Courthouse News Service, April 18, 2025
