Whitehouse has said that Kavanaugh told him privately that he could not commit to ruling in favor of maintaining the requirement that insurers provide coverage regardless of pre-existing illnesses.

In a statement released after the hearing, Whitehouse referenced what he saw as a discouraging trend of the conservative wing of the court overturning protections and rights for consumers, workers and patients.

“During his hearings, Judge Kavanaugh could have pledged to help buck that trend, and reassured those with pre-existing conditions, women, consumers, workers, vulnerable communities, or victims of pollution,” said Whitehouse. “Instead, he ducked our questions and fed us the same 'confirmation etiquette' we are used to hearing from Trump judicial nominees about being an 'umpire' calling balls and strikes.”

With polls showing increasing public support for the ACA, Democrats hope to highlight threats to the law in the lead-up to the midterm elections. It's a message that even Democratic candidates in conservative states are embracing.

Kavanaugh also steadfastly refused to divulge his views on whether abortion is a constitutionally settled issue. However, groups on both side of the issue have looked at his record and statements and say that he would likely be a vote in favor of eroding or overturning the rights that have been established by Roe v. Wade and subsequent abortion-related rulings.

“Judge Kavanaugh confirmed that there is no right to abortion in the Constitution,” Americans United for Life said in a Friday tweet.

Abortion rights groups have framed Kavanaugh's likely confirmation to the court as an unmitigated disaster.

“Today made it clearer than ever,” said Planned Parenthood in a statement released after Kavanaugh's second day of questioning. “(If confirmed, Judge Kavanaugh would gut access to safe, legal abortion — and is doing backflips to avoid having to say that out loud.”