Supreme Court Ruling May Jeopardize HIV Prevention Access
Washington D.C., Wednesday, 26 February 2025.
Experts warn that ending free access to PrEP could dramatically increase new HIV cases and healthcare costs if the Supreme Court discontinues it.
Critical Stakes in Healthcare Access
The U.S. Supreme Court case Kennedy v. Braidwood Management, Inc. has brought unprecedented attention to HIV prevention access, with experts warning of potentially devastating public health consequences. Pre-exposure prophylaxis (PrEP), which reduces HIV transmission risk by 99% when taken as prescribed [1], has been a cornerstone of HIV prevention since its FDA approval in 2012 [2]. Healthcare advocates emphasize that removing no-cost access to PrEP could lead to tens of thousands of new HIV cases and result in billions in additional healthcare costs [1][3].
Racial and Economic Implications
The potential ruling carries particular significance for marginalized communities, who already face disproportionate HIV infection rates. According to Ben Klein, Senior Director of Litigation and HIV Law at GLAD Law, ‘PrEP is nearly 100% effective at preventing transmission of HIV but it is already underutilized, particularly among Black and Latino communities’ [2]. Healthcare experts emphasize that introducing copays and deductibles would create additional barriers to access [2]. Dr. Stephen Lee, NASTAD Executive Director, warns that ‘The lower court ruling in Braidwood is rooted in stigma and bigotry towards the LGBTQ+ community and people vulnerable to HIV’ [3].
Broader Healthcare Policy Implications
The case represents more than just HIV prevention access; it challenges fundamental aspects of preventive healthcare under the Affordable Care Act (ACA). Jose Abrigo, Lambda Legal HIV Project Director, emphasizes that ‘No-cost access to PrEP is not only a medical necessity, it is a moral and legal imperative in the fight to end HIV’ [1]. The outcome could set a precedent affecting various preventive healthcare services currently mandated under the ACA [2][3].
Legal Response and Advocacy
In response to these concerns, Lambda Legal, GLAD Law, and Mintz, along with other leading healthcare organizations, submitted an amicus brief to the Supreme Court on February 25, 2025 [3]. The brief urges the Court to recognize the critical role of preventive healthcare in protecting public health and to reject efforts that could dismantle these life-saving protections [3]. Healthcare advocates argue that expanding, rather than limiting, access to preventive medications like PrEP is essential for achieving the goal of eradicating HIV [1].