The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Monday, July 30, 2018

How Trump and the Republicans are trying to save us from a particular horror of Obamacare

Using the courts to do what their own Congress dared not do.

Kavanaugh on Obamacare, per CNN

The fate of the health care law isn't an abstract question. 

The Trump administration is backing a lawsuit brought by Texas and other Republican-led states challenging the requirements that insurers offer coverage to everyone regardless of their medical history and do not charge more to people who have had certain health conditions.

. . . .

That new case, Texas v. United States, could ultimately land at the Supreme Court, where a new Justice Kavanaugh, tapped to succeed the retiring Anthony Kennedy, could make the difference in whether a popular ACA plank survives. 

. . . .

Kavanaugh's critics on the left contend his conservatism over the past 12 years on the US Court of Appeals for the District of Columbia Circuit would lead him to rule against the Affordable Care Act.

Signs of his opposition to the law were plainly sufficient to satisfy Trump, who has long railed against the signature domestic achievement of President Barack Obama and has vowed to appoint justices who would overturn it. 

He has also taken consistent aim at Chief Justice John Roberts, who provided the fifth vote to uphold the law in 2012.

A true friend of the little guy, is our Donald.

A Democratic strategist was asked today on TV which to prioritize at the expense of the other, if necessary, winning control of the senate or keeping Kavanaugh off the Supreme Court.

The question arises because some Democratic senate seats are up, this fall, that are for states that went for Trump.

Those senators are feeling pressure to not piss off their states' voters by voting against Trump's pick, though Chuck Schumer is trying hard to maintain unanimous Democratic opposition to him in hopes not all the Republicans will vote for him.

There is actually a chance that Schumer's efforts could prevent Kavanaugh's confirmation.

But the Dem strategist came down for winning control of the senate without a moment's hesitation, arguing the need for checks and balances.

As if letting Trump put the Supremes in his pocket, and on the Republica team, would not far more damagingly undermine checks and balances, and for decades longer, than continued GOP control of the senate for another two years.

As if putting a right winger on the Supreme Court who has publicly said the Supremes back in the day were wrong to rule Nixon had to honor the subpoena demanding the White House tapes just as the chickens of Russiagate start to come home to roost would not right away show us how bad things can be when the Supremes decline to either check or balance.

When Trump was mulling who to nominate and in the immediate aftermath of the choice of Kavanaugh, newsies repeatedly said that Democrats routinely undervalue control of the courts, and even the Supreme Court, as compared to the great importance Republicans assign to it.

Seems they are right.

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