President Trump has made clear that he won’t nominate anyone to the Supreme Court unless they pass certain litmus tests regarding Roe v. Wade, Trump’s own authority as president, and healthcare. Now that Trump has nominated Brett Kavanaugh, Republicans in the White House and Senate are working to place him in a position to help destroy the Affordable Care Act.
Opponents of Obamacare have ginned up a meritless lawsuit to be the vehicle: Texas v. United States asserts that because the GOP-controlled Congress eliminated the individual mandate in its 2017 tax “reform” law, two literally life-saving ACA provisions have been made unconstitutional: (1) the prohibition against refusing to insure someone because of preexisting conditions (the “guaranteed issue” provision) and (2) the prohibition against charging higher premiums because of someone’s medical history or current condition (the “community rating” provision).
