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Senate Democrats and their allies consider Judge Brett M. Kavanaugh a grave danger to Americans' ability to pay for health care as a central theme of their high decibel campaign to block his rise to the Supreme Court. after half a dozen years or so when the High Court repeatedly confirmed the essence of the Affordable Care Act, Kavanaugh, if confirmed, would be less likely to help decide on case threatening the survival of the law that a mosaic of narrower issues. The state of mind of the Trump administration to eradicate the parts of the law.
According to health law specialists across the ideological spectrum, the cases most likely to come before the next set of nine judges are expected to affect the quality of insurance benefits, the access of the poor Americans to Medicaid and who can provide contraceptives to low-income women.
"The most important cases, at least in the short term, that Judge Kavanaugh would rule on I should not circumvent the constitutional challenges to the Affordable Care Act, but the Trump administrative measures to reduce and, in some cases case, sabotage the ACA, "said Nicholas Bagley, a law professor from the University of Michigan who supports the law. dozen years at the District Court of Columbia District, the most telling of how Kavanaugh would consider such problems, according to specialists, appear in opinions and other writings unrelated to health care: his broad view of presidential powers and a "C & # 39; s is his profound view of the role and power of agencies that has the potential to present themselves in a series of health care cases", said Sara Rosenbaum, a professor of law and health policy at George Washington University. "Now he [would be] has been faced with many cases of overbreadth involving this administration."
Crucial as they are to the United States health care system and its patients, these issues are not the complete destruction of ACA Democrats say that this would inevitably happen if the Senate upheld Kavanaugh, the President Trump's second candidate for the Supreme Court.
"We have a clarion call … For the American people, the leader of the senatorial minority, Charles E. Schumer (D-NY), said Wednesday at a press conference with a foursome Democratic colleagues: "Get up before so many of you can no longer get insurance because a member of your family is sick."
Democrats focus on the party of the ACA that prevents insurers from charging more or refusing to sell health plans to people with pre-existing medical conditions – a facet that polls consistently show is popular with the public.
Sen. Chris Van Hollen (D-Md.), Said that after the Republican majority of Congress failed last year to dismantle much of the ACA, Trump and his allies "want to go to court . . . They found their man.
Democrat senators also point to a federal lawsuit, filed in Texas by attorneys general of 20 states run by Republicans, alleging that the ACA became unconstitutional because Congress removes tax penalties for those who flout The requirement of the law that most Americans carry health coverage.The Justice Department recently declared in court that it would not defend the law in the case.
Republicans Senate hold a slim majority of 51 to 49. Until then, it is unclear whether this attempt to frame the candidacy as a fight for the future of health care could influence two moderate Republicans , Sense Susan Collins (Maine) and Lisa Murkowski (Alaska), who could prove crucial to Kavanaugh's fate, they support the preservation of abortion rights. Against an unsuccessful GOP bill to repeal much of the ACA last year.
On Monday night, shortly after the announcement of the president's selection, Collins stated that Kavanaugh had "awesome references".
It is also unclear whether Democrats' representation of Kavanaugh will prevent the defection of some in their caucus in the face of difficult reelection campaigns in the Red States. One of them, Senator Claire McCaskill (D-Mo.), On Wednesday swept a question about Kavanaugh, noting that she has not yet reviewed it.
Academics specializing in health law do not rule out the possibility that, with a district court judge who has already been hostile to the ACA and a conservative court of appeal, the Texas case could go to the Supreme Court. But even health law experts who oppose the law do not predict it.
Jonathan Adler, a professor of law at Case Western University and architect of the ACA challenge dismissed by the Supreme Court in 2015, said: In saying that the prosecution's arguments are weak, Adler predicted: "I can not imagine the Supreme Court taking it."
Even though this case came to the High Court, Bagley said that it was not clear. The writings of Kavanaugh in what way he was going to vote. The central argument of the lawsuit is that the decision of Congress at the end of last year to eliminate the penalty for non-insurance can not be separated from the rest of the law. Bagley noted that Kavanaugh recently wrote in the Harvard Law Review that courts could cut a provision of a law "to the closest extent possible … This has the benefit of …" prevent the judges from trying to guess what Congress would have wanted, an inherently suspicious exercise. "
Abbe Gluck, a Yale law professor, said:" a bigger question [is] that tearing "to elements of the ACA through executive actions. "Trump said:" My goal is to force the law to collapse under its own weight … "Judge Kavanaugh is a supporter of presidential power, but we do not know how someone
Last month, a federal judge of DC sentenced the administration in a lawsuit contesting the decision of the Department of Health and Social Services to let Kentucky become the First state to require many poor residents to work or perform other "community engagement" to qualify for Medicaid. "The administration did not say whether health authorities were considering reconsidering Kentucky's demand. , as ordered by Judge James Boasberg or the Appeal.
Health law experts predict that lawsuits will challenge relatively inexpensive health plans. they bypass the ACA benefit requirements and cert consumer protections. The Ministry of Labor recently published a rule expanding "associative health plans", allowing for the first time self-employed workers to buy such policies, initially intended for small businesses to group together in limited circumstances to negotiate better insurance rates. The HHS is completing a rule aimed at increasing the ability of Americans to rely on short-term health plans, originally designed as a brief bridge between jobs; The Supreme Court has already been asked to take two cases involving state decisions prohibiting Planned Parenthood clinics from receiving public funds to provide contraceptive and other services to these individuals. people on Medicaid. Describing the "blockbuster cases," Rosenbaum said they raised legal issues regarding consumers' ability to choose their own health care providers and whether people on Medicaid are allowed to sue on how the program works. is handled. a group of cases that focus heavily on the issue of agency overbreadth, "said Rosenbaum of the GWU. "It may be right, the alley of Kavanaugh justice."
Sean Sullivan contributed to this report.
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