Attorney General Bonta Files Amicus Brief to Continue Supporting the Affordable Care Act’s Preventive Care Mandate

OAKLAND — California Attorney General Rob Bonta today, as part of a coalition of 23 attorneys general, filed an amicus brief with the U.S. Supreme Court in support of the Affordable Care Act’s (ACA) preventive care mandate, which requires private insurers to cover at no cost certain preventive services — such as routine examinations, blood pressure checks, and cholesterol screenings — as determined by the Preventive Services Task Force (Task Force). In their brief, the attorneys general argue that the Fifth Circuit erred in finding the Task Force violates the Appointments Clause of the U.S. Constitution. The attorneys general also argue that the preventive services provision has significantly improved public health outcomes throughout the country by expanding access to important and often life-saving care. An opinion holding the Task Force’s recommendations unenforceable would put these advancements at risk, as health insurers and plans would be free to reinstate out-of-pocket fees for essential preventive care.

“Preventive care is the cornerstone of a healthy society and, in many instances, can be the difference between life and death,” said Attorney General Bonta. “That’s why I’m standing with my fellow attorneys general in urging the U.S. Supreme Court to reverse the Fifth Circuit’s decision and preserve the no-cost preventive health care services upon which millions of Americans rely.”

Numerous studies confirm that, after the ACA’s preventive care mandate was enacted, the use of preventive care increased across the board. These services improve public health outcomes by enabling medical professionals to identify and treat illnesses earlier, and in some cases, prevent them.

In the amicus brief, the coalition writes that:

• The structure of the Task Force, which is an independent, volunteer panel of national experts in disease prevention that makes evidence-based recommendations about clinical preventive services, does not violate the Appointments Clause. Task Force members serve as inferior officers subordinate to the Secretary of Health and Human Services.
• If the Supreme Court were to conclude that the Task Force members are principal officers, nothing requires the Court to cast aside the no-cost insurance coverage requirements that millions of Americans rely on.
• Prohibiting the enforcement of recommendations by the Task Force will inevitably lead to a significant decline in public health outcomes, undermining preventive care efforts and access to lifesaving care.

Attorney General Bonta has been committed to defending the ACA’s preventive care mandate. In January 2022, Attorney General Bonta joined a coalition of attorneys general in filing an amicus brief with a Texas federal district court in support of the mandate. In March 2023, the federal district court in Texas struck down part of the mandate in a ruling Attorney General Bonta described as “dangerous and short-sighted" for Americans. In June 2023, Attorney General Bonta again joined a coalition of attorneys general in filing an amicus brief with the Fifth Circuit in support of the mandate. In March 2024, he issued a statement on the Fifth Circuit hearing oral argument. In October 2024, Attorney General Bonta joined a group of attorneys general urging the Supreme Court to grant the government’s petition for writ of certiorari.

In filing this most recent amicus brief, Attorney General Bonta joins the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin. 

A copy of the brief can be found here.