Supreme Court Nomination: What it May Mean for Health Care

When Supreme Court Justice Anthony Kennedy recently announced his retirement, people began to fret about what a new conservative Supreme would mean for health care, including access to birth control and legal abortions. The nomination of Brett Kavanaugh has particularly alarmed Affordable Care Act (ACA) supporters, reproductive health advocates, and many others because of his previous opinions, including his dissent in a case that upheld the constitutionality of the ACA, a decision and later dissent supporting the Trump Administration’s effort to block access to abortion sought by a pregnant 17-year old immigrant in detention, and his expansive view of executive power. National Health Law Program Executive Director, Elizabeth G. Taylor, calls on the Senate to reject his nomination, saying “if Judge Brett Kavanaugh is confirmed to the Court, he will be the fifth vote in favor of overturning the Affordable Care Act, or siding in favor of allowing health care providers, citing their religious beliefs, to discriminate against women and LGBTQ individuals.” Families USA raises alarm about the Court’s response to Medicaid access standards, its potential roll back of reproductive health care access, and a possible overturning of the ACA.