FARMINGTON — Regardless of the latest developments in Judge Brett Kavanaugh’s nomination to the Supreme Court, we need to remain cognizant of other concerns that many of us had and continue to have regarding his nomination.

It’s not just about his personal history (though that is important), but also about his decisions as a judge, his attitudes about the law and his concern for the American people. Health care is definitely an area on which the Supreme Court will be making decisions that affect the lives of all of us. Kavanaugh’s nomination to the Supreme Court puts access to health care at risk for many, particularly those with pre-existing conditions or people in need of reproductive health care, including contraceptives.

The release of a recent AARP poll of Mainers over age 50, for example, confirms that a majority of older Mainers are concerned about their access to affordable health care and rising prescription drug costs. I share in the concerns of Mainers about costs, but I believe that Mainers should also be concerned about the possibility that Kavanaugh might be confirmed to the Supreme Court.

AARP’s poll shows that the majority of older Mainers are concerned about adequate and affordable health care in Maine and that a large majority (82 percent) also think it’s unfair to deny coverage or make those with pre-existing conditions pay more for their health care.

This is, of course, only one of the major reasons that Kavanaugh’s confirmation would be dangerous to the health of Mainers. He has shown in his decisions that he would allow religious groups to deny employees things like contraception coverage – that one person’s religious belief is more important than another person’s health. Also, there is evidence that he would support whittling away access to abortion until Roe v. Wade is a meaningless shell.

It may be more difficult to understand what health care costs and protections for people with pre-existing health conditions have to do with this nomination. The link is blurry, for sure, especially given the equivocal nature of Kavanaugh’s responses to questions during his confirmation hearings about whether he would uphold consumer protections under the Affordable Care Act. Specifically, he was asked about protections that forbid insurance companies from denying or charging more for coverage for people with pre-existing conditions. He wouldn’t give assurances and declined to answer the question.

On top of that, we already know that Judge Kavanaugh has written that he believes that a president doesn’t have to enforce a law he (or she) finds unconstitutional, even in cases where courts have decided the constitutionality of the law. Given that this president has decided not to defend the ACA in a Texas lawsuit where its constitutionality is in question, those of us who are concerned about people’s access to health coverage for pre-existing conditions should all be worried. Should Kavanaugh be confirmed, he could ultimately side with a president who feels he has the power not to enforce consumer protections under the ACA. The effect on those who have obtained insurance under the ACA and those with pre-existing conditions could be devastating.

Over 52 million people in the U.S. were reported to have a pre-existing condition in 2015, including over 229,000 adult Mainers under the age of 65. As a physician, I know that it is essential that people not be excluded from coverage because of pre-existing conditions. I have seen diabetic patients develop severe complications because their lack of access to insurance meant that their disease was not treated in its early stages, and cancers that were deadly because they were treated too late for the same reason. And in an almost unbelievable situation, we have seen women charged huge extra premiums for pregnancy coverage because a previous cesarean section was deemed “a pre-existing condition.”

I join the 82 percent of Mainers over age 50 who think it is unfair to deny coverage or make those with pre-existing conditions pay more for their health care. I join all the Mainers who seek to make health care more accessible, not less. I hope Mainers agree with me about why Judge Kavanaugh’s nomination to the Supreme Court could put important consumer health care protections at risk – protections for women’s care, for coverage of pre-existing conditions and for the uninsured. And I hope that all who do agree will please join me in reaching out to Sen. Susan Collins to respectfully ask her to vote against his confirmation.

 

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