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Morning Briefing

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Friday, Jul 13 2018

Full Issue

Democrats Using ACA Threat As Talking Point Against Kavanaugh Exaggerate His Hostility To The Law

The New York Times fact checks some of the rhetoric being used as the nomination battle heats up. Meanwhile, though Democrats are painting a grim picture about what would happen to the health law if Brett Kavanaugh is approved, it's unlikely that the Supreme Court will wholesale upend the legislation.

Judge Kavanaugh has written two dissenting opinions in the legal challenges to the Affordable Care Act while serving on the United States Court of Appeals for the District of Columbia Circuit. In both cases, he refrained from making broad pronouncements about the constitutionality of the Affordable Care Act, said Wendy Parmet, a professor of health law at Northeastern University. (Qiu, 7/12)

Senate Democrats and their allies are casting Judge Brett M. Kavanaugh as a grave danger to Americans’ ability to afford health care as a central theme of their high-decibel campaign to block his ascension to the Supreme Court. But after a half-dozen years in which the high court has repeatedly upheld the essence of the Affordable Care Act, Kavanaugh, if confirmed, would be less likely to help decide cases threatening the law’s survival than a mosaic of narrower issues, often arising from the Trump administration’s eagerness to chip away at parts of the law. (Goldstein, 7/12)

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