On Monday, March 3, the American College of Gastroenterology championed the lifesaving benefits of colorectal cancer (CRC) screening in filing a “friend of the court” amicus brief with the U.S. Supreme Court in Kennedy v. Braidwood. This spring, the court will decide the validity of the U.S. Preventive Services Task Force (USPSTF) and its recommendations that guide policy decisions under the Patient Protection and Affordable Care Act (ACA). ACG alerted the court of the practical implications on access to colorectal cancer screening for millions of Americans.
ACG represented the interests of GI clinicians and their patients before the nation’s highest court. In the brief, the College outlined the success of colorectal cancer screening as a public health victory, while also emphasizing the need to reduce barriers to access.
“Simply put, the implications of the Court’s upcoming decision on patient care and public health should not be understated,” said Amy S. Oxentenko, MD, FACG, President of ACG. “We informed the Supreme Court of how much progress we’ve made in recent decades in preventing colorectal cancer deaths through colonoscopy with polypectomy, but also warned the justices how much is at stake in this moment – especially as incidence rates continue to rise among younger Americans.”
The case comes at a particularly perilous time in the colorectal cancer fight. Overall, incidence rates of colorectal cancer have fallen by nearly 50%, largely attributed to increases in screening. Colorectal cancer is often considered an older person’s disease, but by 2030, early-onset colorectal cancer is expected to be the leading cause of cancer death in people aged 20 to 49.
The ACA’s preventive services mandate has saved countless lives by eliminating patient cost-sharing, a major barrier to care. Studies show these out-of-pocket expenses deter patients, particularly those of lower socioeconomic status, from getting screened. ACG cautioned the Court that the U.S. could experience lower screening rates and higher death rates if the lower court’s decision in Braidwood was upheld.
While ACG did not argue the constitutional and legal questions, the College did focus on the public health implications in the event the USPSTF’s recommendations are invalidated. The stakes of this case are high: in addition to potentially affecting Americans whose insurance plans are regulated by the ACA (e.g., certain private plans, Medicare, or Medicaid), the USPSTF’s recommendations are also leveraged by sixteen states in their colorectal cancer screening insurance mandates. It is unclear if the Supreme Court will provide guidance on whether their decision impacts these states, potentially inviting more litigation in state courts.
ACG’s amicus brief can be viewed . For more information about ACG’s colorectal cancer screening recommendations and Colorectal Cancer Awareness Month, visit .
About the American College of Gastroenterology
Founded in 1932, the American College of Gastroenterology (ACG) is an organization with an international membership of over 20,000 individuals from 86 countries. The College’s vision is to be the preeminent organization supporting health care professionals who provide compassionate, equitable, high-quality, state-of-the-art, and personalized care to promote digestive health. The mission of the College is to provide tools, services, and accelerate advances in patient care, education, research, advocacy, practice management, professional development and clinician wellness, enabling our members to improve patients’ digestive health and to build personally fulfilling careers that foster well-being, meaning and purpose. 
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