June 14, 2023

As the Braidwood Case Inches Forward, Compromise Approved

Yesterday, an agreement between the plaintiffs and defendants in the Braidwood Management Inc. v Becerra case was approved by the Fifth Circuit Court of Appeals. The agreement keeps in place no-cost coverage for preventive services recommended by the U.S. Preventive Services Task Force (USPSTF) while the case is being decided in the Fifth Circuit.

In the agreement, the government has waived its rights to penalize the plaintiffs for not complying with preventive services coverage for PrEP and other preventive services graded A or B by the USPSTF while the case is decided. In exchange, the plaintiffs withdraw their opposition to a partial stay of the final judgment delivered by Judge Reed O’Connor at the U.S. District Court in the Northern District of Texas, where the Braidwood case was first argued.

The Fifth Circuit heard arguments in the case last week, and a ruling from that court is expected to come in December 2023 or January 2024. Depending on the outcome of that ruling, the case could be appealed to the Supreme Court.

As this case winds its way through the courts, we invite you to sign onto the Academy’s Braidwood Consensus Statement simply by adding your name, degrees, and organizational affiliation (if you’re comfortable doing so). This statement will be the cornerstone of the Academy’s advocacy around this case and will help us to push back against this case’s erroneous claims about PrEP and the people who use this important medication.

View the latest Policy Update here.