Judge O'Connor Rules USPSTF Members Unconstitutionally Appointed

Judge Reed O'Connor of the Northern District of Texas ruled that USPSTF members are principal officers under the Appointments Clause of Article II, requiring Senate confirmation. Because task force members were appointed without Senate confirmation, O'Connor held that ACA Section 2713's link to USPSTF recommendations was unconstitutional. O'Connor enjoined enforcement of coverage mandates tied to USPSTF recommendations issued after the ACA's enactment.