This case was argued on Monday, April 21 at the Supremes.
This afternoon, the Court directed the parties to give it guidance on whether the Secretary of HHS has independent authority to appoint task force members, or if he needs new and case by case consent of the Congress to do so:
. . .KENNEDY, SEC. OF H&HS, ET AL. V. BRAIDWOOD MGMT., INC., ET AL. (24-316)
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). The briefs, not to exceed 15 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, May 5, 2025. . . .
We shall see, but I suspect the Justices are struggling with 1868 cases, where horse and buggy transmitted and facilitated various workings of government -- wondering whether to adopt those compromises reached -- and processing them wholesale, in the internet enabled, instant electronic delivery age.
नमस्ते
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