The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court

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The future of the Affordable Care Act with a Justice Brett Kavanaugh on the Supreme Court doesn't necessarily mean a vote to end the GOP's perpetual punching bag.


Democrats fear a rightward turn of the court would solidify the ACA's spot, in addition to Roe v. Wade, on the endangered list. And since past Republican efforts to dismantle the health-care law only made it more popular with voters, Democrats are eager to cast Kavanaugh (as they would have with any Trump pick to the high court) as a threat to its existence.


But even legal experts who support the ACA aren't convinced that Kavanaugh will take the hard-line approach to Obamacare that conservatives long to see.


Nicholas Bagley, a defender of Obamacare and a professor at the University of Michigan Law School, told me it was his belief that Kavanaugh won't see ACA-related lawsuits as "health-care cases," but rather he'll "view them through the constitutional lens he brings to his cases more generally."


As a judge on the D.C. Circuit Court of Appeals, Kavanaugh issued the dissenting opinion in a 2011 case finding the ACA constitutional. But Kavanaugh never actually weighed in on the constitutionality of the law, instead arguing the court had no right to take up the case in the first place because of an 1867 law known as the "Anti-Injunction Act." Kavanaugh considered the ACA's individual mandate penalty - the fine people pay if they don't buy insurance coverage - a tax, meaning under the centuries-old law, people couldn't legally challenge the statute until after their taxes were paid. (The individual mandate taxes didn't kick in until 2015.)


But in that dissent, Kavanaugh wrote the court should hear the case in the future, and when it did should consider the constitutionality of the law's regulations under the Constitution's "Commerce Clause." He warned that "to uphold the Affordable Care Act's mandatory-purchase requirement under the Commerce Clause, we would have to uphold a law that is unprecedented on the federal level in American history. That fact alone counsels the Judiciary to exercise great caution."


He also suggested "the Government could impose imprisonment or other criminal punishment on citizens who do not have health insurance," adding: "That is a rather jarring prospect."

Source : http://www.jewishworldreview.com/0718/kavanaugh_ObamaCare.php3

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The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court

Source:Reason

The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court

The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court

Source:The Hill

The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court

The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court

Source:ThinkProgress

The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court

The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court

Source:Medium

The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court

The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court

Source:Fox News

The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court

The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court

Source:Reason

The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court

The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court

Source:The New Republic

The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court

The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court

Source:yro.slashdot.org

The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court

The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court

Source:The Hill

The Health 202: Kavanaugh May Not Completely Gut Obamacare If He Makes It To The Supreme Court