Any way you slice it, Trump's Supreme Court pick is bad news for health care
Obamcare supporter and University of Michigan Law School professor Nicholas Bagley says that he doesn't think Kavanaugh will approach future challenges as "health-care cases," but rather he'll "view them through the cons utional lens he brings to his cases more generally."
in a previous Obamacare case,
he argued in dissent that the president has the power to determine if a law or part of it is uncons utional, no matter what the courts have decided.
Things like protections for people with pre-existing conditions would be out the window.
That's where the threat of Kavanaugh comes in. Abbe Gluck, a Yale law professor, pinpoints that when she
"predicts there will be cases that accuse the Trump administration of sabotaging the ACA,
which she says violates the Article II of the Cons ution or
the "Take Care Clause," which requires the president to act in good faith to enforce laws.
Given his record,
"one could surmise that he'd find reasons for the actions Trump has taken to weaken the ACA via regulations."
GOP Sen. Hatch, who met with Kavanaugh this a.m., about Ds arguing he’s a threat to the ACA. He said:
“The Affordable Care Act is one of the broad, inclusive bills that you’ll ever see.
And anybody who thinks it’s not going to be litigated sometime in the future is nuts.”
https://www.dailykos.com/stories/1779701