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Brett Kavanaugh on Health Care

 

 


Individual mandate is constitutional even with $0 tax

The Court's decision in California v. Texas concludes that the plaintiffs trying to undo ObamaCare had no business being in court. The case was brought by Texas officials who object to ObamaCare, centered on the law's individual mandate [which] required most Americans to either obtain health insurance or pay higher taxes. In 2017, Congress amended ObamaCare to zero out this tax. The Texas plaintiffs claimed that this zeroed-out tax is unconstitutional and also claimed that the entire law must be declared invalid if the zero dollar tax is stuck down.

In a 7-2 ruling, the Court ruled that no one is allowed to bring suit to challenge a provision of law that does nothing: "The IRS can no longer seek a penalty; there is no possible Government action that is causally connected to the plaintiffs' injury."

SCOTUS outcome:Authored by Breyer; joined by Roberts; Thomas; Sotomayor; Kagan; Kavanaugh; and Barrett. Thomas also wrote a concurring opinion. Alito and Gorsuch dissented.

Source: Reuters on 2021 SCOTUS ruling:"California v. Texas" , Jun 17, 2021

Supports big healthcare mergers if they save consumer costs

The market for health care mergers has been on a roll for several years. Would a Justice Kavanaugh keep that momentum going? Last year, Kavanaugh dissented from the D.C. Circuit's rejection of Anthem Inc.'s proposed $54 billion acquisition of Cigna Corp. The majority of the court upheld a trial judge's decision to block the deal on the grounds that it would reduce competition. Kavanaugh said in his dissent that the Anthem-Cigna deal should be saved for the cost savings for consumers.
Source: Law.com in lead-up to SCOTUS Confirmation Hearing , Jul 10, 2018

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Other Justices on Health Care: Brett Kavanaugh on other issues:
Samuel Alito(since 2006)
Amy Coney Barrett(since 2020)
Stephen Breyer(since 1994)
Neil Gorsuch(since 2017)
Ketanji Brown Jackson(nominated 2022)
Elena Kagan(since 2010)
Brett Kavanaugh(since 2018)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)

Former Justices:
Merrick Garland(nominated 2016)
Ruth Bader Ginsburg(1993-2020)
Anthony Kennedy(1988-2018)
Antonin Scalia(1986-2016)
John Paul Stevens(1975-2010)
David Souter(1990-2009)
Sandra Day O'Connor(1981-2006)
William Rehnquist(1975-2005)

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Page last updated: Mar 20, 2022