President Donald Trump nominated Brett Kavanaugh to replace Justice Anthony Kennedy on the Supreme Court.
Experts and politicians are questioning how Kavanaugh could rule on cases involving Obamacare.
Some conservatives say Kavanaugh will not go far enough to dismantle Obamacare, citing a dissent from 2011, while other conservatives believe the judge would rule against the law.
Democrats and liberals are almost all fearful of Kavanaugh’s possible rulings on Obamacare.
President Donald Trump’s nomination of Brett Kavanaugh to replace Justice Anthony Kennedy on the Supreme Court has legal scholars and politicians carefully parsing the judge’s previous decisions for clues about the future of US policy.
One of the biggest issues on which Kavanaugh is expected to have a say is the future of the Affordable Care Act, or Obamacare. The landmark healthcare law has been the subject of a series of intense legal battles, and many observers expect more decisions on the ACA’s future to make it to the Supreme Court during Kavanaugh’s tenure.
Given Kavanaugh’s conservative bent, many Democrats are up in arms about the future of Obamacare should the judge be confirmed. But conservatives are also concerned about the future of the law under Kavanaugh.
The crux of the conservative disagreement over Kavanaugh’s Obamacare record comes from a single decision in 2011.
When ruling on Seven-Sky v. Holder, Kavanaugh dissented from the majority opinion that the law’s individual mandate — which compelled every American to have health insurance or face a fine — was constitutional.
According to conservative healthcare expert Chris Jacobs and other conservative writers, the reason behind Kavanaugh’s dissent opened the door to solidifying the ACA’s legal footing.
“Even as he avoided a definitive ruling on the merits of the case, Kavanaugh revealed himself as favorably disposed to the mandate,” Jacobs wrote at The Federalist. “Worst of all, in so doing, he cultivated …read more
Source:: Business Insider