Democratic senators spent Tuesday trying to connect the dots between potential threats to health care and Trump's high court pick.
West Virginia Democratic Senator Joe Manchin, battling for reelection in a state Trump won in 2016, in a statement on Kavanaugh's nomination, said the "Supreme Court will ultimately decide if almost 800,000 West Virginians with pre-existing conditions will lose their healthcare".
President Donald Trump may relish his status as an outsider, but Kavanaugh is anything but.
The one would-be justice who would have brought a more diverse background to the court was Harriet Miers, a Texan with a law degree from Southern Methodist University and a close association with President George W. Bush. But Democrats will cast Kavanaugh as part of the same Washington "swamp" Trump vowed to drain.
"Judge Kavanaugh's record shows a deep respect for and strict interpretation of the Constitution", said Sen.
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Democratic Senator Chris Murphy of CT said on Wednesday that Trump, in choosing Kavanaugh, is "trying to rig a Supreme Court such that it will strike down protections for pre-existing conditions and he has a case ready to move to the Supreme Court to do just that".
Specifically, they are sounding the alarm that confirming the conservative District Court judge could jeopardize one of the Affordable Care Act's most popular provisions - its protections for people with pre-existing health conditions.
Kavanaugh's writings already have been cited in Supreme Court rulings, as in a 2013 decision preventing certain U.S. lawsuits against foreign corporations alleged to be responsible for human-rights abuses overseas and a 2015 decision stopping the Environmental Protection Agency from regulating mercury emissions from coal-fired plants without taking account of costs. "A judge must interpret statutes as written, and a judge must interpret the Constitution as written, informed by history and tradition and precedent". He supported releasing the girl to a sponsor, where she could obtain an abortion if she chose to do so and leave the government out of it.
Republican Sen. Lisa Murkowski was re-elected in Alaska in 2016 with 45% of the vote for her third term in office.
Democrats hope to model their opposition on their successful effort fending off a repeal of the Affordable Care Act a year ago, despite a Republican majority in Congress.
And yet she is unlikely to press the issue directly with Kavanaugh.
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Senate Minority Leader Chuck Schumer (D-N.Y.) has vowed to oppose Kavanaugh with every means at his disposal. He has the reputation of a staunch conservative, one who many Republicans hope could help overturn Roe v Wade, the landmark 1973 decision guaranteeing women the right to an abortion.
The longer any final decision takes, the strategy goes, the more time groups including Demand Justice, NARAL, MoveOn.org, Center for American Progress, and Planned Parenthood have to fire up their base and persuade their vulnerable incumbents to oppose the nomination. Trump also has suggested he could pardon himself.
Kavanaugh argued that even the lesser burdens of a criminal investigation are time-consuming and distracting, adding that a president who is concerned about an ongoing criminal investigation is nearly inevitably going to do a worse job.
"Congress might consider a law exempting a President-while in office-from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel", he wrote.
"Deferral would allow the President to focus on the vital duties he was elected to perform", Kavanaugh wrote.
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