Fact Check: Justice Kavanaugh asserts HHS can appoint task force members.

Fact Check: Justice Kavanaugh Asserts HHS Can Appoint Task Force Members

What We Know

In a recent ruling, the U.S. Supreme Court upheld a key provision of the Affordable Care Act (ACA), specifically regarding the authority of the Department of Health and Human Services (HHS) to appoint members of the U.S. Preventive Services Task Force (USPSTF). Justice Brett Kavanaugh, writing for the majority, stated that "the Department of Health and Human Services has the power to appoint members of the task force" (NPR). This decision came after lower courts had ruled the appointments unconstitutional, arguing that task force members should be appointed by the President and confirmed by the Senate. However, the Supreme Court clarified that the task force members are "inferior officers," and thus, their appointment by the HHS Secretary is permissible under the Constitution (Brief, The Hill).

Analysis

The claim that Justice Kavanaugh asserts HHS can appoint task force members is substantiated by the Supreme Court's ruling. Kavanaugh's majority opinion emphasized that task force members are "supervised and directed by the Secretary, who in turn answers to the President" (NPR). This maintains the constitutional chain of command outlined in Article II of the Constitution.

The reliability of the sources is high; NPR and The Hill are reputable news organizations known for their thorough reporting on legal matters. The Supreme Court's official brief also provides a direct account of the court's reasoning, further solidifying the claim's validity (Brief).

Critics of the ruling, including those who initially challenged the task force's composition, argued that the appointments violated the Appointments Clause of the Constitution. However, the Supreme Court's majority opinion effectively countered this by categorizing task force members as inferior officers, a classification that allows for their appointment by a department head (Washington Post, SCOTUS Blog).

Overall, the evidence supports the assertion that Justice Kavanaugh confirmed HHS's authority to appoint task force members, and the ruling reflects a significant interpretation of the Appointments Clause.

Conclusion

Verdict: True
Justice Kavanaugh did assert that the Department of Health and Human Services has the authority to appoint members of the U.S. Preventive Services Task Force. The Supreme Court's ruling clarifies the constitutional basis for this authority, categorizing task force members as inferior officers who can be appointed by the HHS Secretary. The ruling has broad implications for the ACA's preventive care provisions, which affect millions of Americans.

Sources

1. Supreme Court upholds key Obamacare measure on preventive care
2. Brief
3. Challenge to ACA preventive-care panel draws skepticism
4. Court appears to back legality of HHS preventative care task force
5. Supreme Court upholds key Obamacare measure on preventive care
6. Supreme Court upholds HHS authority over preventive health panel