All eyes are on the newest Supreme Court Justice Brett Kavanaugh as the Affordable Care Act, otherwise known as ObamaCare, will likely makes its way up the appellate system up to the Supreme Court.
A federal judge in Texas ruled Friday that the individual mandate provision contained within Obamacare was unconstitutional, and he subsequently ruled to void the entire program.
President Donald Trump was quick to take to Twitter to express his excitement about the Supreme Court potentially striking down the law he has for so long tried to kill.
The DEDUCTIBLE which comes with ObamaCare is so high that it is practically not even useable! Hurts families badly. We have a chance, working with the Democrats, to deliver great HealthCare! A confirming Supreme Court Decision will lead to GREAT HealthCare results for Americans!
— Donald J. Trump (@realDonaldTrump) December 17, 2018
A potential Supreme Court decision will likely be split along party lines, but Kavanaugh’s position is not so easy to predict. In 2011, Kavanaugh wrote a dissent in case where he stated that the Affordable Care Act’s “individual mandate provision” fits “comfortably within Congress’ Taxing Clause power.”
Kavanaugh has already demonstrated that he is beyond party politics in his decision siding with the liberal justices not to hear a case affecting defunding Planned Parenthood, a win for Planned Parenthood and for liberals. Some speculate that this was to prove his independence but that Kavanaugh will return to his conservative roots within the next few cases. The question is whether he will rule contrary to his own words.
By the time the Obamacare case rises up the appeals and makes its way to the Supreme Court, Kavanaugh will have had many months to make a decision. He is in a lose-lose position. He will either upset the president who went through so much trouble to appoint him, or he will anger liberals, who already have an asterisk by his name.