Fox News pundit says Brett Kavanaugh is pro-Obamacare. Is he? image

PolitiFact, July 11, 2018
By Jon Greenberg, quoting Allison K. Hoffman (Academic Fellow Alumna)


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From the article:

In the 2011 case, Blumstein said Kavanaugh showed "a traditional norm of judicial restraint."

Mark Hall at Wake Forest University echoed that point. He sees Kavanaugh’s opinions as focused on legal fundamentals.

"In both cases, he took pains to write a separate opinion stating alternative grounds for rejecting the challenge," Hall said. "To that extent, he appears to me to be more concerned about precision of legal analysis than reaching a particular outcome."

Allison Hoffman at the University of Pennsylvania told us "both of these opinions were procedural and offer no insight into how Kavanaugh would have come down substantively on the Affordable Care Act."

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