Analysis

Trump Shouldn't Be Sure Kavanaugh Will Derail ACA

Law360 (July 16, 2018, 7:23 PM EDT) -- If D.C. Circuit Judge Brett Kavanaugh joins the U.S. Supreme Court, he could be a pivotal vote in a major Affordable Care Act case, but his apparent views on the case’s central legal question make him far from a sure bet to rule against the law.

The ACA case, launched this year by 20 Republican-led states, quickly took center stage last week in Judge Kavanaugh’s nascent confirmation process. Democrats immediately warned that Judge Kavanaugh may side with the states and the Trump administration, which are trying to void the ACA’s protections for Americans with pre-existing conditions.

“Your right to have an...

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