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What We Know about Trump’s SCOTUS Pick

Credit: Associated Press

Trump’s Supreme Court nominee, Judge Kavanaugh, is a threat to Americans’ health care and women’s rights. If confirmed, he will be an extremist on the Supreme Court bench, where he will be able to carry out a far-right agenda long after Trump leaves office.

This is the most consequential Supreme Court nomination in a generation and will affect monumental decisions made for the next half century. It could roll back women’s rights, and the right to affordable and accessible health care, for decades to come.

We know Kavanaugh will overturn Roe v. Wade and gut the Affordable Care Act, because Trump himself said these would be litmus tests for his nominee.

  • “It is. It is.” – Trump, on whether overturning Roe v. Wade would be a litmus test for Supreme Court nominees, 2015
  • “I will be appointing pro-life judges.” – Trump, 2016
  • “If we appoint strict constructionists to the Supreme Court as Donald Trump intends to do, I believe we’ll see Roe vs. Wade consigned to the ash heap of history.” –Pence, 2016
  • “If I win the presidency, my judicial appointments will do the right thing unlike Bush’s appointee John Roberts on Obamacare.” – Trump, 2015

Kavanaugh’s past record and rhetoric show that he would be a threat to Americans’ health care and women’s rights.

  • In his 2012 dissent on a ruling that upheld the ACA, Kavanaugh suggested that a future president could refuse to enforce the ACA even if it had been upheld by the courts.
  • Kavanaugh dissented from a ruling that upheld the constitutionality of the ACA’s birth control benefit.
  • Kavanaugh was part of a three-judge panel that temporarily blocked a migrant teenager in HHS custody from obtaining an abortion.

Kavanaugh also has a record of siding with powerful interests over consumers and workers – such as when he argued that Obama-era net neutrality rules that benefited millions of consumers were unlawful and issued an opinion declaring that the Consumer Financial Protection Bureau was unconstitutional.

He has also has expressed disturbing views of presidential power and would fail to be an independent check on Trump. He believes the president is above the law.

Democrats may not have a majority in the Senate, but the vast majority of Americans oppose overturning Roe v. Wade and support preserving the ACA’s protections for people with pre-existing conditions.

    • 67 percent of Americans don’t want the Supreme Court to overturn Roe v. Wade.
    • 91 percent of Americans say it’s important to maintain the ACA’s protections for people with pre-existing conditions, which the Trump administration is urging a federal court to eliminate.

Democrats blocked health care repeal last year because Americans came together, spoke out, and held Republican senators accountable. We can do it again.

Call your senator today and say that a vote for Kavanaugh would be a vote to overturn Roe v. Wade and undo the Affordable Care Act. This is unacceptable.

There’s no doubt that the November midterm elections will be the most important of our lifetime. We must make our voices heard at the ballot box for the millions of American families who are counting on us.

Data and Research Manager: