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Morning Briefing

Summaries of health policy coverage from major news organizations

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Tuesday, Jul 3 2018

Full Issue

Different Takes: Next Supreme Court Justice Can End Abortion Rights, Health Law; Democrats' Scare Campaign Sounds So Familiar

Editorial pages focus on the potentially crucial role the replacement of Justice Anthony Kennedy will have on health issues.

Justice Anthony Kennedy鈥檚 retirement has created the most important vacancy on the Supreme Court in our lifetimes. Whoever fills Justice Kennedy鈥檚 seat will join an evenly divided court with the ability to affect the laws of the United States and the rights of its citizens for generations. Enormously important issues hang in the balance: the right of workers to organize, the pernicious influence of dark money in politics, the right of Americans to marry who they love, the right to vote.Perhaps the most consequential issues at stake in this Supreme Court vacancy are affordable health care and a woman鈥檚 freedom to make the most sensitive medical decisions about her body. The views of President Trump鈥檚 next court nominee on these issues could well determine whether the Senate approves or rejects them. (Sen. Chuck Schumer, 7/2)

Some things in politics are predictable鈥攁 New Jersey tax increase, a 鈥渘o鈥 vote by Senator Rand Paul, and an abortion-rights scare campaign every time a Republican President makes a Supreme Court nomination. And sure enough, the predictions of doom for abortion and gay rights began within minutes of Anthony Kennedy鈥檚 resignation last week. These predictions are almost certainly wrong. (7/2)

Justice Anthony M. Kennedy鈥檚 announced retirement has led many to speculate about how Trump鈥檚 second appointment to the Supreme Court will affect national politics. Most think the court will lurch right. But is that really certain? (Michael Bailey, 7/2)

Justice Anthony Kennedy has announced his retirement from the Supreme Court. Picking his successor will be highly consequential, and one need only rewind history to the vacant seat that ultimately became Kennedy鈥檚 30 years ago to see the real-world stakes for millions of Americans. During his Supreme Court tenure, Justice Kennedy cast critical votes in landmark decisions upholding individual dignity and autonomy. He voted to preserve the core holding of Roe v. Wade in Planned Parenthood v. Casey, and reaffirmed the Court鈥檚 commitment to reproductive rights again two years ago in Whole Woman鈥檚 Health v. Hellerstedt. He also authored a number of decisions protecting the rights of gay people, including the decision guaranteeing same-sex couples the right to marry. (Joel Dodge, 7/2)

Until last Wednesday, Anthony Kennedy was arguably the most powerful person in the country. Now, two people can claim that mantle: Susan Collins and Lisa Murkowski. A historic battle over replacing Kennedy on the U.S. Supreme Court is about to unfold, and as swing-vote moderate Republican senators, Collins or Murkowski can, with a little help, shape the court for a generation. They can either allow it to swing far right or they can insist that it be right of center but in the mainstream. Their decision could determine whether abortion remains legal, whether gay people will lose some of their hard-earned equality and whether there will be any checks on corporations鈥 power. (7/2)

Whenever a Supreme Court seat opens up during a Republican administration, headlines start warning that American women will soon be in for a new Dark Ages if Roe v. Wade鈥攖he landmark 1973 decision legalizing abortion across all 50 states鈥攊s overturned. This time around, with Justice Anthony Kennedy鈥檚 retirement, the fifth vote to overturn Roe has just become a numerical possibility. Unfortunately, what ought to occasion a healthy debate over a contentious issue once again looks to be clouded by a handful of dubious orthodoxies. In rough order, they are as follows: First, that Roe is the settled law of the land. Second, that litmus tests are bad and unhelpful. Finally, that an individual鈥檚 stand on abortion determines where he stands on Roe. (William McGurn, 7/2)

Presumably, as you read this, the White House is setting up its war room for the Supreme Court confirmation battle to come. The interns are stocking the mini fridges and hanging the musk-masking air fresheners that are de rigueur for any top-flight political bunker. But before the administration goes to the mattresses, it first must pick a nominee. And that is why I hope White House counsel Don McGahn is hanging a sign for all to see: 鈥淚t鈥檚 the list, stupid.鈥 Over the next week, the White House will come under incredible pressure from the news media, the Democrats and some Republicans (pro-choice and abortion-squeamish) to abandon the list of potential Supreme Court nominees President Trump campaigned on (and later expanded slightly). On Sunday, Republican Sen. Susan Collins of Maine told ABC鈥檚 鈥淭his Week鈥 that the president 鈥渟hould not feel bound鈥 by the list. (Jonah Goldberg, 7/3)

President Trump has vowed not to ask prospective members of the Supreme Court about their views on Roe v. Wade, the basis for legal abortion nationwide since 1973 and the most widely discussed legal case in American in the last half century. President Trump also made a rather different promise to voters in 2016 in his third televised debate with Hillary Clinton. He said Roe would be overturned if he got to change the balance on the court. (Ron Elving, 7/3)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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