Clinical Edge

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If confirmed as Supreme Court justice, Kavanaugh could upend ACA

Case references, including Seven-Sky v. Holder

If confirmed, Judge Brett M. Kavanaugh ’s views that the penalty for the individual mandate is in fact a tax could shift the Supreme Court’s majority view on the Affordable Care Act, further putting the law in jeopardy.

Judge Kavanaugh currently serves on the U.S. Court of Appeals for the District of Columbia Circuit, he was appointed by President George W. Bush and has held the position since May 30, 2006. He previously served as White House staff secretary for nearly 3 years.

As an attorney, he had a lead role in drafting the Starr Report, which recommended impeachment of President Bill Clinton.

Judge Kavanaugh will face a contentious confirmation process. In addition to health care, abortion rights will be front and center to the debate as moderate Republican senators who are proponents of abortion rights may not support his nomination. The GOP currently holds a slim 51-49 majority in the Senate, but with the medical absence of Sen. John McCain (R-Ariz.), the majority party may only have 50 members present to vote, meaning only one GOP vote against Judge Kavanaugh could deny his confirmation.

Source: Case references, including Seven-Sky v. Holder

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Case references, including Seven-Sky v. Holder