When asked whether he would uphold the pre-existing conditions provision, Kavanaugh said that he would follow “nominee precedent” of not disclosing how he would rule on a specific case. (Photo: Chip Somodevilla/Pool via Bloomberg)

As has been the case for all recent Supreme Court nominees in recent memory, Judge Brett Kavanaugh has steadfastly declined to provide many answers about how his rulings will affect hot-button issues.

In his third day of questioning by the Senate Judiciary Committee, the nominee declined to answer questions about how he would rule on the constitutionality of the Affordable Care Act. Attorneys general from 20 states are currently asking a federal judge to strike down the ACA, arguing that the elimination of the individual mandate undermines the rest of the law. Most legal observers don’t expect the suit to succeed, although the judge hearing the case appeared to express sympathy for the argument.

Complete your profile to continue reading and get FREE access to BenefitsPRO.com, part of your ALM digital membership.

Your access to unlimited BenefitsPRO.com content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Critical BenefitsPRO.com information including cutting edge post-reform success strategies, access to educational webcasts and videos, resources from industry leaders, and informative Newsletters.
  • Exclusive discounts on ALM, BenefitsPRO magazine and BenefitsPRO.com events.
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com

Already have an account?

Jack Craver

BenefitsPRO

Join BenefitsPRO

Don’t miss crucial news and insights you need to navigate the shifting employee benefits industry. Join BenefitsPRO.com now!

  • Unlimited access to BenefitsPRO.com - your roadmap to thriving in a disrupted environment
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com
  • Exclusive discounts on BenefitsPRO.com and ALM events.

Already have an account? Sign In Now
Join BenefitsPRO

Copyright © 2023 ALM Global, LLC. All Rights Reserved.