Fifth Circuit Affirms O'Connor Constitutional Ruling, Narrows Remedy to Named Plaintiffs

The Fifth Circuit Court of Appeals affirmed Judge O'Connor's constitutional holding that USPSTF members were improperly appointed but significantly narrowed his remedy. The Fifth Circuit held that the nationwide injunction was overbroad and limited relief to the named plaintiffs in the case, Braidwood Management and its employees. The structural constitutional question went to the Supreme Court, which granted certiorari in January 2025.