Kennedy v. Braidwood—Did the Supreme Court Just Expand Unelected Agency Power?

In this episode of Unwritten Law, guest host Andy Morris, NCLA Senior Litigation Counsel, is joined by constitutional law expert Josh Blackman to unpack the Supreme Court’s recent ruling in Kennedy v. Braidwood Management.

The case challenged the appointments process of the HHS’s U.S. Preventive Services Task Force—a panel deciding which preventive healthcare services insurers must provide without cost. Josh explains why the ruling, which upheld these appointments, raises critical concerns about political accountability and constitutional limits on agency power.

Together they explore implications for the Appointments Clause, agency independence, and the broader separation-of-powers battle playing out at the Supreme Court.

Key topics: Appointments Clause, administrative law, Obamacare, independent agencies, and separation of powers.