Kavanaugh dodges health care questions
In his third day of questioning, the Supreme Court nominee declined to answer questions about how he would rule on the constitutionality of the ACA.
As has been the case for all recent Supreme Court nominees in recent memory, Judge Brett Kavanaugh has steadfastly declined to provide many answers about how his rulings will affect hot-button issues.
In his third day of questioning by the Senate Judiciary Committee, the nominee declined to answer questions about how he would rule on the constitutionality of the Affordable Care Act. Attorneys general from 20 states are currently asking a federal judge to strike down the ACA, arguing that the elimination of the individual mandate undermines the rest of the law. Most legal observers don’t expect the suit to succeed, although the judge hearing the case appeared to express sympathy for the argument.
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Asked by Sen. Sheldon Whitehouse, R, R.I., about whether he would rule to uphold the pre-existing conditions provision of the ACA as legal, Kavanaugh said that he would follow “nominee precedent” of not disclosing how he would rule on a specific case.
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.”