Rigging the Supreme Court Against the ACA.

Brett Kavanaugh could be the final vote to dismantle the ACA. Here’s how:

Trump’s animus for the Affordable Care Act isn’t a secret. Since day one on the campaign trail, Trump blustered on about repealing the law that ensures health care for so many Americans and protects the more than 130 million people with pre-existing conditions from discrimination.

But his single-minded hatred for his predecessor’s achievement is more than petty. As president, Trump is failing to enforce the ACA, which is both unconstitutional and illegal.

Rather than engage with the genuine policy efforts to strengthen the ACA, the Republican-led Congress has repeatedly tried and failed to repeal the law, even as the Supreme Court upheld the constitutionality of the ACA twice.

Because Trump is so intent on dismantling the ACA—and his DOJ is refusing to defend it—cities are taking matters into their own hands.

A recent lawsuit filed on behalf of Columbus, Baltimore, Cincinnati, Chicago, and citizens from Charlottesville is taking the Trump administration head on, suing it for “intentionally and unconstitutionally sabotaging the Affordable Care Act (ACA), and increasing the cost of health coverage for American families.”

Brett Kavanaugh would very likely say Trump is in the right when he, as the New York Times puts it, transparently aims to destroy a piece of major legislation.

Kavanaugh argued in 2013 that it’s a “traditional exercise” of presidential power to ignore laws the White House deems unconstitutional. If a case challenging Trump’s behavior regarding the ACA comes before the Supreme Court, Kavanaugh could easily be the deciding vote to overturn the law.

You can make a difference in the fight against Kavanaugh’s nomination. Go to SaveScotusToolkit.org, and let your Senators know: a vote for Kavanaugh is a vote against the American people.


With the trial of Trump’s campaign chairman Paul Manafort heading toward a close today, Trump lashed out with another pathetic round of Mueller-bashing on Twitter. Too bad the public sees right through his calls for the “corrupt” investigation to be shut down.

Here’s a little reminder from Greg Sargent at The Washington Post. According to a new CNN poll:

  • Only 34% of Americans approve of Trump’s handling of the Russia investigation, vs. 55% who disapprove.
  • 56% say Trump has interfered with the investigation, vs. only 38% who say he has not.
  • 70% say Trump should testify to Mueller, vs. only 25% who say he should not.
  • 57% say Trump knew about contacts between his campaign operatives and Russians, vs. only 36% who say he did not.


The Off-Kilter team ends their time at Netroots with Deb Haaland, who talks about her campaign to be the first Native American woman elected to Congress; then, Little Lobbyists founder Elena Hung and Healthcare Voter co-chair Laura Packard discuss Trump’s junk plans; but first Gulf Coast Center for Law and Policy founder Colette Pichon-Battle on how she uses her time as a lawyer and community organizer to fight for climate justice. Subscribe to Off-Kilter on iTunes.

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