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).
Gostin LO, Hodge JG. Substantial Shifts in Supreme Court Health Law Jurisprudence. JAMA. 2018;320(14):1431–1432. doi:10.1001/jama.2018.12331
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