April 2024 advocacy and policy updates
Court Watch: Homelessness, Religious Freedom, and Preventive Care are on the Docket
Now more than ever, the role of the court has become instrumental in policy debates across varying issues—housing, healthcare, civil liberties, and much more. Thus, it should come to no surprise that SFCHC is monitoring two cases making their way through the courts that we wanted to make our clients, staff, and partners aware of.
Braidwood Management Inc. v. Becerra | 5th Circuit Court of Appeals
Filed back in April 2023, this ongoing case focuses on the Affordable Care Act (ACA)’s preventive service provision—which requires services mandated by the United States Preventive Services Task Force (USPSTF) with a level A or B recommendation to be provided with no cost-sharing. The primary dispute in this case centers around business Braidwood Management’s refusal to cover pre-exposure prophylaxis (PrEP (Grade A) on grounds of religious objection outlined in the Religious Freedom and Restoration Act (RFRA). The final ruling on this case will have major implications for the future of cost-sharing for preventive services, the limitations or freedoms afforded by RFRA, and access to HIV prevention services.
Oral arguments were heard in early March 2024 and we are still awaiting a final ruling.
Johnson v. Grants Pass | United States Supreme Court (i.e., SCOTUS)
Originating from a dispute in Oregon, Johnson v. Grants Pass is one of the most monumental cases surrounding homelessness and the rights of people experiencing homelessness. It asks the question of whether cities can punish individuals for being homeless (i.e., sleeping outside, tents) when there are no options for shelter? Our answer is no.
As San Francisco deals with its only conflict of approaching homelessness and street encampments, this case will have a direct impact on how cities and governmental jurisdictions across the country handle the issue moving forward.
Oral arguments will begin to be heard on April 22, 2024.