Suggestion to Redstate Democratic Senators on the SCOTUS.

If Redstate Democrats want cover for maybe — they are all quiet for now — not voting for Trump’s evenutal judicial nominee to the SCOTUS, I think they could argue that a vote for a Trump nominee means the death of healthcare coverage and protections brought by the ACA to millions.  Just to refresh our collective memories on healthcare and Trump:

The Trump administration said Thursday night that it will not defend the Affordable Care Act against the latest legal challenge to its constitutionality — a dramatic break from the executive branch’s tradition of arguing to uphold existing statutes and a land mine for health insurance changes the ACA brought about.

In a brief filed in a Texas federal court and an accompanying letter to the House and Senate leaders of both parties, the Justice Department agrees in large part with the 20 Republican-led states that brought the suit. They contend that the ACA provision requiring most Americans to carry health insurance soon will no longer be constitutional and that, as a result, consumer insurance protections under the law will not be valid, either.

There have been multiple examples of Trump sabotaging the ACA.  He won’t really have to sabotage the ACA any longer if he can appoint another judge to the Supreme Court who will rule the law unconstitutional.  And voting to confirm a Trump nominee to the SCOTUS will guarantee that 1) a Republican controlled state will challenge the ACA again in court and 2) it will go all the way to the SCOTUS which will rule 5-4 that the ACA is unconstiturional.

No more trying to tear the ACA apart bit by bit.  

Last time I checked, healthcare was one of those big concerns in opiod afflicted West Virginia where Joe Manchin is running for reelection.  If Manchin wanted cover, all he has to say is that another Trump judge on the SCOTUS will ELIMINATE your health insurance.  He could argue to his voters, “Do you want to die for a Trump nominee to the SCOTUS?”

Yes, I know there is a LOT more at stack than healthcare.  But given how craven Redstate Democratic Senators are, this might be there best bet for political cover, IF THEY WANT TO DO THE RIGHT THING!  Remember, a lot of people in Redstates are as socially enlighted as a Homo erectus.  I know because I live in one.  The politicians like Manchin prefer to curry favor with these social throwbacks.  I can see Manchin and Donnelly and the Redstate Dems throwing women, minorities, the LGBTQ community and others under the bus by voting for a Trump SCOTUS pick for social politics.

But maybe a pocketbook and law argument could be made to vote against any Trump SCOTUS pick?  

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