Brett Kavanaugh

Now that the election is over the focus is back on the Supreme Court.

The President thought this was favorable terrain for him.

But Brett Kavanaugh let Trump down in this court case the President was counting on.

When Donald Trump appointed three justices to the Supreme Court, conservatives thought they accomplished a long-standing goal of transforming the court.

One week after the election the Supreme Court heard oral arguments in the third attempt by conservatives to overturn Obamacare.

Republican state attorneys general argued that since Congress zeroed out the tax penalty for the individual mandate in the 2017 Tax Cuts and Jobs Act, the rest of Obamacare could no longer stand.

This tested the concept of “severability” – namely if the Supreme Court could sever the individual mandate from Obamacare and let the rest of the law stand.

Republican state attorneys general argued “no.”

But Brett Kavanaugh saw the case differently.

“Big comment from Kavanaugh just now: ‘I tend to agree with you’ that the case is ‘very straightforward’ under our severability precedents. Those precedents (including an opinion authored by Kavanaugh last term) say there is usually a strong presumption in favor of severability,” the SCOTUS Blog reported.

Justices sometimes tip their hand as to how they plan to rule on a case by their questions to both sides in oral arguments.

In this case Kavanaugh made it clear he believed that the Supreme Court could rule the individual mandate unconstitutional and still leave the rest of Obamacare standing.

“It does seem fairly clear that the proper remedy would be to sever the mandate provision and leave the rest of the act in place,” Kavanaugh exclaimed.

Not surprisingly, Chief Justice John Roberts appeared eager to leave Obamacare in place.

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“I think it’s hard for you to argue that Congress intended the entire act to fall if the mandate were struck down when the same Congress that lowered the penalty to zero did not even try to repeal the rest of the act. I think, frankly, that they wanted the court to do that, but that’s not our job,” Roberts declared.

Even though Republicans appointed hold a six to three majority, Roberts and Kavanaugh can side with the court’s remaining three liberals and form a pro-Obamacare majority.

Liberals tried to destroy Brett Kavanaugh by smearing him as a gang rapist and sexual predator during his confirmation hearings.

But yet for some reason Kavanaugh is so wedded to the Washington establishment that he continues to believe he can win favor of his critics on the left by being “reasonable” – i.e. selling out conservatives – in major Supreme Court cases.

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