Kavanaugh Files: The Affordable Care Act
Editor’s Note: This is one of a series of stories examining what Democrats are saying about Supreme Court nominee Brett M. Kavanaugh and what Kavanaugh’s record shows on these issues.
Several Democratic senators have claimed that Judge Brett M. Kavanaugh’s history shows he would be a danger on the court to the Affordable Care Act. Senate Minority Leader Chuck Schumer said on Aug. 28 on the Senate floor: “Judge Kavanaugh has written opinions skeptical of our health care law, reproductive rights, and even the contraception coverage requirement.”
The criticisms have focused on two dissents Kavanaugh wrote in cases challenging the constitutionality of the individual mandate, and a third dissent in a case challenging the ACA’s contraception coverage accommodations for certain religious organizations. Also, Democrats have repeatedly stressed that a case in District Court in Texas could reach the Supreme Court and affect preexisting condition protections in the health care law. We’ll look at the facts.
The ACA’s Constitutionality
“There’s a Texas case where that’s being challenged right now, that’s moving up, it could likely go before the Supreme Court. Well knowing your record, it is right that these Americans, so many of them with preexisting conditions are asking whether the Supreme Court will be an institution that affirms and protects the rights of people with access to healthcare,” during the first day of the
