GLBTQ Legal Advocates & Defenders (GLAD Law) and partners are urging the US Supreme Court to uphold no-cost access to pre-exposure prophylaxis (PrEP) and other critical preventive health care services in an upcoming landmark case before the nation’s top court.
GLAD Law has joined Lambda Legal, the law firm Mintz, and leading health care, LGBTQ+, and other advocacy groups on an amicus brief sent to SCOTUS on Feb. 25, 2025, regarding Kennedy v. Braidwood Management, Inc.
The brief highlights the devastating public health consequences of undermining access to PrEP, a medication that reduces the risk of HIV transmission by 99 percent when taken as prescribed.
“Copays and deductibles deter people from accessing health care,” said Ben Klein, senior director of litigation and HIV Law at GLAD Law.
“PrEP is nearly 100 percent effective at preventing transmission of HIV but it is already underutilized, particularly among Black and Latino communities,” said Klein. “As the brief filed today by [the National Alliance of State & Territorial AIDS Directors] and other HIV experts demonstrates, allowing the lower court’s ruling in Braidwood to stand will exacerbate racial health disparities, increase new HIV diagnoses by the tens of thousands, and have devastating consequences on our efforts to end the epidemic.”
Notes GLAD Law: At its core, this case is about more than just PrEP, it is a direct attack on the foundation of preventive health care in the United States and a key pillar of the Affordable Care Act (ACA). The preventive services mandate ensures that millions of Americans have access to critical screenings, vaccines, and treatments without financial barriers, dramatically improving public health outcomes. From HIV prevention to cancer screenings, from childhood immunizations to maternal health care, these services save lives, reduce long-term health care costs, and prevent the spread of disease. This case is a referendum on whether the United States will continue investing in evidence-based, cost-effective public health strategies.
— from a GLAD Law press release
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