Tim Jost: Examining Supreme Court Nominee Kavanaugh’s Health Care Opinions


Brett Kavanaugh, President Trump’s Supreme Court nominee, has served on the Court of Appeals for the District of Columbia Circuit for over a decade. In a new post on To the Point, Timothy S. Jost of the Washington and Lee University School of Law analyzes Judge Kavanaugh’s opinions in the five major health law cases in which he has been involved.

Jost reviews Kavanaugh's opinions in two Affordable Care Act cases, as well as abortion, contraception, and Medicare entitlement cases. He also discusses Kavanaugh's approach to judging — and how he might decide health care disputes as a Supreme Court justice.

“In none of these cases did Kavanaugh stake out a strong ideological position,” Jost writes. But he notes that Kavanaugh has made it clear he supports a more expansive role for the courts and might be open to dramatically expanding the power of the executive branch.

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