Twenty Republican-led states have filed lawsuits against the federal government challenging the constitutionality of the ACA’s protections for pre-existing conditions in the wake of the repeal of the individual mandate. While Republicans hope Mr. Kavanaugh would side with their lawsuit, some legal scholars say the judge’s record indicates he might not.
“When presented with particularly aggressive or far-fetched claims in ACA-related lawsuits, he has had no problem dispatching with those claims,” said Jonathan Adler, a law professor at Cleveland-based Case Western Reserve University, told Law 360. “He’s not someone that has a record of aggressively trying to reach out to find excuses to do things like destabilize a statute.”
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