President Trump has nominated Judge Brett M. Kavanaugh to replace Justice Anthony Kennedy on the Supreme Court. Of particular interest to Professor and Faculty Fellow James G. Hodge, Jr. is how Kavanaugh’s confirmation might affect public health policy in the future. To answer this question, Kavanaugh’s legal philosophy and past work as a judge are worth examining.
Professor Hodge, along with Center Scholars Drew Hensley and Walter G. Johnson, detail Kavanaugh’s views and prior decisions to analyze his potential effect on public health challenges.
Kavanaugh’s decisions and commentary on public health issues have not been extensive. But that history includes: long being a critic of the Affordable Care Act; ruling to delay abortion care for an undocumented minor in federal detention; and opposing class-action tort litigation purportedly in support of public health goals.
To understand more about Kavanaugh’s views on public health issues, read Hodge’s thorough guest column on Jurist.