Sen. Chuck Schumer (D-NY) vowed to fight the confirmation of President Trump’s Supreme Court nominee before Trump made his pick known. Now that we know it’s Brett Kavanaugh the strategy they have outlined to build opposition is flimsy, at best.
While many analysts expected Democrats to focus on potentially overturning Roe v. Wade, it appears Senate Democrats are actually going to use Obamacare as their centerpiece for attacking Kavanagh. This strategy seems like quite a gamble considering the Trump Administration, as well as a number of states, have already poked so many holes in Obamacare that it’s no longer the force it once was.
“’At the top of the list is healthcare,’ Senate Minority Leader Chuck Schumer, D-N.Y., said when he was asked what aspect of Kavanaugh’s nomination Democrats plan to attack. “This nominee will make the ability of Americans to afford decent healthcare so much the worse.”
“Their line of attack is fairly flimsy. A lawsuit brought by 20 states, led by Texas and Wisconsin, argues that last year’s repeal of the penalties for not purchasing insurance means that Obamacare’s mandate is no longer a constitutional exercise of taxing power and must be invalidated along with the rest of the law. The fact that the Trump administration has not only declined to defend Obamacare, but that it has argued further that pre-existing condition related regulations must be struck down, no doubt provides an opening to Democrats. But it’s a rather narrow one.
“The suit is still in the briefing phase at the district court level, and faces many legal hurdles before it has a chance of getting to the Supreme Court, including establishing standing to sue in the first place. The suit has been met with skepticism from a wide array of legal experts from a range of ideological backgrounds, including libertarian law professor Jonathan Adler, who was one of the intellectual architects of the last significant Obamacare case before the Supreme Court — the unsuccessful textual challenge that argued that insurance subsidies could only go to residents living in states that established their own exchanges.”
The conclusion is that Democrats really don’t have much ammunition against Kavanaugh. It looks like their attempts to derail his confirmation are going to fall on deaf ears.