Supreme Court STRIKES Down Obamacare!

Supreme Court just discovered the ACA has been unconstitutionally forcing Americans to pay for healthcare they don’t want through a task force nobody elected.

At a Glance

• Supreme Court is reviewing Kennedy v. Braidwood, questioning whether HHS Secretary’s power to appoint Preventive Services Task Force members is constitutional
• The case challenges the legitimacy of Obama’s ACA requirement for insurers to cover preventive services without cost-sharing
• The Court is examining whether a 1966 Reorganization Plan, never properly passed as law, can grant appointment powers
• A ruling against the government could free insurers from covering numerous services, returning healthcare freedom to Americans
• The case exposes yet another example of unconstitutional administrative overreach in the federal government

Yet Another Constitutional Violation in Obamacare

Just when you thought we’d uncovered all the constitutional violations hiding in the 2,000+ pages of the Affordable Care Act, the Supreme Court finds another one. The Court is hearing oral arguments in Kennedy v. Braidwood Management, a case that challenges whether the government can force private insurers to cover preventive healthcare services. At its core, this case isn’t just about healthcare coverage – it’s about whether unelected bureaucrats can be given powers that the Constitution specifically reserves for the President and Senate. Once again, we’re witnessing the administrative state running amok with powers it was never meant to have.

“The 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).” – Supreme Court.

The Constitutional Shell Game

The Biden administration’s legal team is playing a desperate shell game trying to justify how the Secretary of Health and Human Services can appoint members to the U.S. Preventive Services Task Force. They’re relying on something called “Reorganization Plan No. 3 of 1966” – not an actual law passed by Congress, but an administrative reshuffling from nearly 60 years ago. This Task Force isn’t some meaningless committee either – it decides which preventive services MUST be covered by private health insurance under the ACA. That means they’re effectively making laws that affect every American’s healthcare without ever being properly appointed as the Constitution requires.

“JUSTICE THOMAS: Before we get to the constitutional problems, what’s the statutory authority to appoint the Task Force?” – Justice Thomas.

Even Justice Thomas, with his characteristic precision, cut straight to the heart of the matter when questioning the government’s lawyer. The awkward response revealed what many conservatives have long suspected – there is no clear statutory authority for these appointments. The government is essentially claiming that because Congress didn’t explicitly stop this administrative power grab, it must be legal. That’s not how constitutional authority works in America, folks. You don’t get to have power by default; you need to be expressly granted it according to the rules laid out by our Founding Fathers.

What’s Really At Stake

This case began when a Christian business owner objected to being forced to provide coverage for HIV prevention drugs (PrEP) that conflicted with his religious beliefs. But it has evolved into something much bigger – a challenge to the entire administrative apparatus forcing Americans to pay for preventive services they may not want or need. The District Court already ruled that the Task Force’s structure violates the Constitution’s Appointments Clause, and the 5th Circuit Court of Appeals agreed. Now the Supreme Court will decide whether to pull the plug on yet another unconstitutional aspect of Obamacare.

“officers of the United States” – U.S. Constitution’s Appointments Clause.

The Constitution is crystal clear that “officers of the United States” must be appointed by the President with Senate confirmation. The government’s contorted argument that Task Force members aren’t really “officers” despite their enormous power is laughable. These unelected bureaucrats are dictating healthcare policy that affects millions of Americans and costs billions of dollars. If that doesn’t qualify them as officers of the United States, what would? The Supreme Court’s decision, expected in June, could restore both constitutional order and healthcare freedom to Americans tired of paying for an ever-expanding list of “preventive services” mandated by people they never elected.