Braidwood v. Kennedy, Amici Curiae Brief, U.S. Supreme Court, CHLP et al (2025)

The Center for HIV Law and Policy (CHLP) and PrEP in Black America (PIBA), joined Afiya Center (Dallas), Women with a Vision (New Orleans), SisterLove (Atlanta), BlaqOut (Kansas City, Missouri), and Equality Federation in filing an amicus brief in Braidwood v. Kennedy (previously known as Braidwood v. Becerra) on appeal in the U.S. Supreme Court. The brief takes a stand defending access to preventative health care nationally and to protect the Black and brown lives that will be lost should this access be overturned. While preventative care is currently mandated to be covered without cost-sharing, a decision for the plaintiff could have devastating impacts nationwide.

Braidwood v. Kennedy, a case originally out of the Northern District of Texas, represents a recent attack on the provisions of the Affordable Care Act (ACA), challenging the fact that private insurers are currently required to cover preventative care without cost-sharing (co-pays). The forms of preventative care under attack range from PrEP to cancer screenings. They include any preventative care that receives an “A” or “B” rating from the United States Preventative Services Task Force (USPSTF), an independent body charged by Congress to review forms of preventative care available and make recommendations that impact what is covered under the ACA. Specifically, the plaintiffs allege that members of USPSTF are unconstitutionally appointed under the Appointments Clause of the US Constitution.