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October 9, 2018

Substantial Shifts in Supreme Court Health Law Jurisprudence

Author Affiliations
  • 1O’Neill Institute for National and Global Health Law, Georgetown University Law Center, Washington, DC
  • 2Center for Public Health Law and Policy, Sandra Day O’Connor College of Law, Arizona State University, Phoenix
JAMA. 2018;320(14):1431-1432. doi:10.1001/jama.2018.12331

On July 9, 2018, President Donald Trump nominated Judge Brett Kavanaugh to replace retiring Supreme Court Justice Anthony Kennedy. Judge Kavanaugh is a respected originalist and textualist, interpreting the law as written, “informed by history, tradition and precedent.”1 Given that Justice Kennedy was an important vote in prominent cases affecting health, Judge Kavanaugh’s Senate confirmation could shift the balance on consequential health policies (eTable in the Supplement).