Supreme Court Denies Certiorari for Braidwood Nondelegation Claim

The Court will only consider one of the issues in Braidwood Management v. Becerra

As I noted on Friday, the Supreme Court accepted certiorari to hear an appointments clause challenge to the U.S. Preventive Services Task Force in Becerra v. Braidwood Management. This task force is the entity that determines which preventative treatments must be covered by health insurance without requiring any co-payment by the insured under the Affordable Care Act. The U.S. Court of Appeals for the Fifth Circuit had concluded that its structure is unconstitutional. The Court did not take any action on Braidwood Management's cross-petition, however, which raised other constitutional challenges.

As I anticipated it might, today the Supreme Court denied the cross-petition without comment. The justices apparently have no interest in considering the nondelegation argument against the task force.

Braidwood Management remains a very significant case, both for administrative law as well as for health law. It is just not the nondelegation case some were hoping for.

While we should not read too much into the Court's action, it is yet another sign that the justices are not prepared to fully engage with nondelegation doctrine arguments, let alone to revive the doctrine.

Comments

[Longtobefree]

This case will be moot in a week.
No task force, no case.

[Jett's Pop]

Why was a cross-petition even needed? Why can't Braidwood argue that the judgment of the Fifth Circuit should be affirmed on a ground argued but not reached by the lower court? (Or, to put it another way, how do we know that the Supreme Court didn't deny the cross-petition because it was unnecessary?)

[TheAmazingEmu]

The Court generally limits itself to the question presented. They'll likely remand it back if they feel the question the Fifth Circuit did not reach needs to be decided. Or they could expand the question presented to include this issue. But it's rare to decide a case on an issue not presented if that issue is a significant issue (sometimes, they'll do it to punt a case on narrower grounds).

[alblimubtel]

The Supreme Court recently denied certiorari for the Braidwood Nondelegation Claim, meaning the Court will not review the lower court's decision, leaving the issue unresolved at the national level. This denial limits the scope of further legal challenges on the matter, leaving the existing legal framework intact. Similarly, for those looking to enhance their online experience, whether it's legal information or gaming, platforms like DriveZone APK (https://drivezoneapkz.com/) offer users access to improved features, such as additional resources and unlockable content, ensuring a smoother and more engaging experience.

[aloxuilen]

PMP training (https://www.auctechnologies.com/project-management-PMP) is essential for professionals looking to enhance their project management skills and earn the globally recognized Project Management Professional (PMP) certification. This training equips candidates with in-depth knowledge of project planning, execution, risk management, and leadership, helping them excel in their careers. With structured learning, real-world case studies, and exam preparation, PMP training boosts confidence and increases job opportunities in various industries. Whether you're an aspiring project manager or an experienced professional, this training is a valuable investment in your career growth and success.