No. 24-475

Braidwood Management, Inc., et al. v. Xavier Becerra, Secretary of Health and Human Services, et al.

Lower Court: Fifth Circuit
Docketed: 2024-10-30
Status: Denied
Type: Paid
Experienced Counsel
Tags: administrative-law agency-discretion health-insurance non-delegation-doctrine preventive-services statutory-interpretation
Key Terms:
AdministrativeLaw SocialSecurity Privacy JusticiabilityDoctri
Latest Conference: 2025-01-10
Related Cases: 24-316 (Vide)
Question Presented (from Petition)

Does 42 U.S.C. § 300gg-13(a)(1)–(4) violate the non-delegation doctrine by empowering agencies to unilaterally decree the preventive care that private health insurers must cover, while failing to provide an "intelligible principle" to guide the discretion of those agencies?

Question Presented (AI Summary)

Does 42 U.S.C. § 300gg-13(a)(1)–(4) violate the non-delegation doctrine by empowering agencies to unilaterally decree preventive care coverage without an intelligible principle?

Docket Entries

2025-01-13
Petition DENIED.
2024-12-18
DISTRIBUTED for Conference of 1/10/2025.
2024-12-09
Reply of petitioners Braidwood Management, Inc., et al. filed.
Main DocumentProof of ServiceCertificate of Word CountMain DocumentProof of ServiceCertificate of Word Count
2024-12-02
Brief of respondents Xavier Becerra, Secretary of Health and Human Services, et al. in opposition filed.
Main DocumentProof of ServiceMain DocumentProof of Service
2024-10-21
Petition for a writ of certiorari filed. (Response due November 29, 2024)
PetitionCertificate of Word CountProof of ServicePetitionCertificate of Word CountProof of Service

Attorneys

Becerra, et al.
Elizabeth B. Prelogar — Solicitor General, Respondent
Braidwood Management Inc., et al.
Jonathan F. Mitchell — Mitchell Law PLLC, Petitioner