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Reproductive Rights Explainers
Kennedy v. Braidwood: Supreme Court Preserves ACA Preventive Care For Now—But Why Was This Even a Question?
This case never should’ve gotten this far.
⚡️ TL; DR (too long, didn’t read)
The Supreme Court says we can still access cancer screenings, HIV testing, and perinatal depression under the ACA for now—because, obviously.
The Court ruled in Kennedy v Braidwood preserving no-cost preventive care protections for now for 21+ million people insured by the Affordable Care Act (ACA, also known as Obamacare).
This means insurers must continue covering essential preventative care. Think: HIV prevention (PrEP), STI testing, and screenings for cancer, perinatal depression, and preeclampsia. Because, obviously they should.
The outcome is a relief—but the fact that the Court even entertained this case is deeply alarming. It was brought by religious extremists who are doing everything they can to take away our health care and freedom.
And let’s be clear—this fight isn’t over. Extremists will continue testing the limits of their power—and we’ll keep fighting back.
🤿 Dive Deeper: Supreme Court Case Kennedy v. Braidwood
Here’s what this case was all about:
- The ACA covers certain preventive care services at no cost to patients.
- Expert groups like the U.S. Preventive Services Task Force (the focus of this case), decide what services are covered.
- This case, Kennedy v. Braidwood, questioned whether the Task Force is legit and constitutional.
- If the Supreme Court had decided that the Task Force wasn’t legit, over 21 million people could have lost access to live-saving health care services.
- The outcome could have set the stage for losing other care in future challenges—including access to birth control.
The Court ruled that the Task Force’s structure is legal, but honestly this case should never have gotten this far in court.
⚠️ The Stakes: Cancer Screenings, HIV Prevention, Maternal Health
Given the value of these life-saving services, how was this even a question to begin with?
The following health care would have been on the line:
HIV prevention (PrEP) and HIV testing
Sexually Transmitted Infections (STI) testing and treatment
Chronic conditions such as Hepatitis C and heart disease testing and screenings
Cancer and mental health screenings
Perinatal depression interventions
Medication used to prevent preeclampsia
Black and brown communities, LGBTQ+, and those already struggling to afford care would have been hit hardest. A bad decision would have deepened long-standing health disparities in an already unequal system.
Breast Cancer Screenings:
People might have skipped or delayed lifesaving screenings. Black women would have suffered more, being 41% more likely to die from breast cancer than white women due to systemic racism.
PrEP for HIV Prevention:
PrEP is 99% effective at preventing HIV. With PrEP, thousands would have contracted HIV who otherwise wouldn’t.
For those already living with HIV, losing preventive coverage would have threatened access to regular screenings essential for health and transmission prevention.
Although 84% of Americans oppose religious-based denials of LGBTQ+ care, this ruling would have opened a dangerous door to policies that hurt LGBTQ+ communities.
Maternal Health Care:
Birthing people might have skipped out on live-saving interventions for perinatal depression and preeclampsia.
Black women would have been even more at risk, being more likely to experience perinatal depression, 60% more likely to develop preeclampsia, and 3-4x more likely to die from childbirth-related causes than white women.
🛩️ The Big Picture: Project 2025 in Action
This case was a direct attack on the ACA and on LGBTQ+ health care under the banner of “religious freedom”—and part of a broader playbook we know too well.
Americans overwhelmingly support no-cost preventive care—including 72% of Republicans. Yet, nearly half of U.S. adults find health care costs difficult to afford.
Project 2025 is the far-right extremist playbook for Trump’s second term. It includes plans to repeal the ACA—something Trump and Republican lawmakers have been trying to do for years.
The U.S. Health and Human Services Department (HHS), under Secretary Robert F. Kennedy Jr, has exhibited an open hostility toward the health needs of LGTBQ+ people and has already undermined critical protections against HIV.
📢 Take Action
We must continue to work to ensure everyone, no matter your sexual orientation, gender identity, race, income or location, can access the care they need to thrive.
Make no mistake: this fight isn’t over. Extremists will continue testing the limits of the courts to strip people of care, coverage, and control.
The fact that this even reached the Supreme Court tells us how vulnerable our healthcare still is: we can’t be complacent. We’re relieved for now—but the fight continues.
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