Pro-ACA group: Court pick Kavanaugh refused to uphold pre-existing condition ban image

PolitiFact, July 18, 2018
By Jon Greenberg, quoting Allison K. Hoffman (Academic Fellow Alumna)

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From the article:

For the makers of the ad, this is very simple.

"Two judges upheld the Affordable Care Act and its patient protections, and he declined to uphold it," Demand Justice executive director Brian Fallon said. "He could have joined their opinion and upheld it on the merits and he didn't."

For outside legal experts, the situation is much cloudier.

"The group’s statement is technically true, although a bit misleading," said Allison K. Hoffman at the University of Pennsylvania Law School. "Kavanaugh never said that the mandate was unconstitutional. He painstakingly avoided opining on its constitutionality. He spent 65 excruciatingly dense pages of opinion repeatedly calling it a tax, the very thing Congress avoided doing because they knew it would be unpopular."

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