Kennedy v. Braidwood Management, Inc.
View Official PDFBelow are plain-language sections to help you understand what the Court decided in Kennedy v. Braidwood Management, Inc. and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of Kennedy v. Braidwood Management, Inc..
In Kennedy v. Braidwood Management, Inc., the Supreme Court addressed whether members of the U.S. Preventive Services Task Force are inferior officers under the Appointments Clause. The Court examined the appointment and removal powers of the Secretary of Health and Human Services over the Task Force. The decision reversed the Fifth Circuit, concluding that Task Force members are indeed inferior officers.
Holding
The single most important “bottom line” of what the Court decided in Kennedy v. Braidwood Management, Inc..
The Court held that Task Force members are inferior officers whose appointment by the Secretary of HHS is consistent with the Appointments Clause.
Constitutional Concepts
These are the Constitution-related themes that appear in Kennedy v. Braidwood Management, Inc.. Click a concept to see other cases that involve the same idea.
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Why Appointments and Removals is relevant to Kennedy v. Braidwood Management, Inc.
The case primarily concerns whether Task Force members are inferior officers and whether their appointment by the Secretary of HHS is consistent with the Appointments Clause.
Syllabus excerpt (verbatim)Held: Task Force members are inferior officers whose appointment by the Secretary of HHS is consistent with the Appointments Clause.
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Why Administrative Law is relevant to Kennedy v. Braidwood Management, Inc.
The case involves the constitutional limits on agency authority, specifically the independence and supervision of the U.S. Preventive Services Task Force within the Department of Health and Human Services.
Syllabus excerpt (verbatim)The Act also amended the governing statute to describe the Task Force as 'independent' and to provide that members and their recommendations 'shall be independent and, to the extent practicable, not subject to political pressure.'
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Why Executive Power is relevant to Kennedy v. Braidwood Management, Inc.
The case discusses the scope of the Secretary of HHS's authority to appoint and remove Task Force members, which relates to the executive branch's power over administrative appointments.
Syllabus excerpt (verbatim)The Secretary's authority to remove Task Force members at will provides a 'powerful tool for control.'
Key Quotes
Short excerpts from the syllabus in Kennedy v. Braidwood Management, Inc. that support the summary and concepts above.
Task Force members are inferior officers whose appointment by the Secretary of HHS is consistent with the Appointments Clause.
The Secretary's authority to remove Task Force members at will provides a 'powerful tool for control.'
Task Force members 'have no power to render a final decision on behalf of the United States unless permitted to do so by' the Secretary.
