Supreme Court shortlister Kavanaugh's role in ObamaCare's survival fiercely debated by conservatives

Fox News | 7/10/2018 | Alex Pappas
adele2234 (Posted by) Level 3
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Who is Brett Kavanaugh?

Federal appeals court judge is on President Trump's short list for the Supreme Court vacancy.

Did - Judge - Brett - Kavanaugh - Roadmap

Did Judge Brett Kavanaugh write the roadmap for saving ObamaCare?

That question has dwelled at the center of passionate debate in the conservative legal community for days as Kavanaugh, a federal appeals judge in the District of Columbia, finds himself as one of President Trump’s four finalists for a place on the U.S. Supreme Court.

Trump - Choice - Justice - Anthony - Kennedy

Trump is expected to announce his choice to fill Justice Anthony Kennedy's seat Monday night. He has not tipped his hand, but Kavanaugh from the start has been in the mix as a top contender -- fueling a firestorm of debate on the right.

The allegation from conservative critics is rooted in a 2011 ObamaCare case where Kavanaugh dissented against the ruling but acknowledged that the Affordable Care Act’s “individual mandate provision” could fit “comfortably within Congress’ Taxing Clause power.”

Kavanaugh - Detractors - Language - Roadmap - Supreme

Kavanaugh's detractors say that language helped provide the roadmap for the Supreme Court to uphold the mandate a year later.

“Even as he avoided a definitive ruling on the merits of the case, Kavanaugh revealed himself as favorably disposed to the mandate,” conservative health care expert Christopher Jacobs wrote for The Federalist. “Worst of all, in so doing, he cultivated a theory that ultimately led Chief Justice John Roberts to uphold the mandate.”

Supreme - Court - ObamaCare - Mandate - Individuals

The Supreme Court upheld ObamaCare’s individual mandate requiring individuals to purchase health insurance in 2012.

Roberts, the conservative chief justice appointed by George W. Bush, sided with the court’s liberals in ruling that the government could mandate the purchase of health insurance under its power to tax.

Conservatives - Kavanaugh - Idea - Mandate - Tax

Some conservatives accuse Kavanaugh of supporting the idea that the individual mandate could be considered a tax.

But supporters of Kavanaugh say that argument is wrong.

Conservatives

“That is nonsense, and conservatives should not be misled...
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