Kavanaugh fight shifts to health care; Dems focus on Obamacare’s survival as GOP moves to soften high court nominee’s image

WASHINGTON - As President Donald Trump's Supreme Court nominee Brett Kavanaugh made the rounds Tuesday on Capitol Hill for what is likely to be a bitter confirmation battle, the early contours of the partisan fight began to take shape.

Democrats, who had previously focused largely on legalized abortion, began shifting their focus to the threat Trump's pick might pose to the survival of the 2010 Affordable Care Act. Not only has health care proved to be a galvanizing force for the party's supporters, it's far less divisive than abortion.

Republicans, meanwhile, are working to soften Kavanaugh's image as a political operative who has been at the center of some of the most partisan battles of the past two decades. The White House and its surrogates are instead drawing attention to the nominee's credentials and what they see as his commitment to women and diversity.

But both strategies face hurdles.

Trump introduced Kavanaugh, 53, as his selection to replace the retiring Justice Anthony Kennedy on Monday night. The fight now moves to the Senate, which must confirm the nominee.

With Sen. John McCain, R-Ariz., absent for brain cancer treatment, Republicans hold a 50-49 advantage, leaving Kavanaugh's fate in the hands of a small group of moderates and fence-sitters from both political parties.

When Kennedy announced last month he would step down, Democrats quickly made abortion a central issue, because his replacement could shift the balance that has preserved the landmark 1973 abortion ruling Roe v. Wade.

Kennedy voted in 1992 to reaffirm that decision.

That move was seen as a way to pressure two moderate GOP women, Sens. Susan Collins of Maine and Lisa Murkowski of Alaska, who both support abortion rights.

But to hold onto Democrats representing conservative states won by Trump, Democrats are increasingly talking about how Kavanaugh might shift the balance on President Barack Obama's health care law. And it seems to be working on vulnerable Democrats in red states.

Sen. Joe Manchin of West Virginia - who last year voted for Trump's first Supreme Court pick - immediately picked up on the talking point, saying that he would consider the "nearly 800,000 West Virginians with pre-existing conditions" when making his confirmation vote.

Though Manchin promised to keep an open mind, the statement suggested a willingness to vote against the nomination, bucking Trump, who is popular in his state.

Sen. Joe Donnelly, D-Ind., told CNN that requiring insurance companies to cover pre-existing conditions will play a "central part" in his consideration.

It's true that GOP efforts to repeal Obamacare might make their way back to the Supreme Court, which has twice upheld the law. But the deciding vote in those rulings was not Kennedy, but Chief Justice John Roberts, who will remain on the court.

Even so, Democrats note that Roberts may vote differently in the future as new challenges reach the court, particularly a federal lawsuit in Texas that argues that after Congress last year repealed the provision requiring individuals to have insurance, the rest of the law must be scrapped as unconstitutional.

Senate Minority Leader Chuck Schumer, D-N.Y., said Tuesday on the Senate floor that Kavanaugh would vote to overturn Roe and the Affordable Care Act, based on Trump's campaign promise to pick a nominee who would strike them down.

"That is President Trump's litmus test, and it couldn't be clearer," Schumer said.

Though Trump promised during his campaign to nominate only "pro-life" justices and Kavanaugh was chosen from a list vetted by the conservative Federalist Society, the White House is now insisting abortion isn't a central issue.

"That's a scare tactic" from the left, said Kellyanne Conway, the White House counselor.

Collins, who faces immense pressure from both sides, has said she would have concerns about a nominee who had open hostility to Roe or did not believe in respecting court precedents.

She said Tuesday that she would "probe deeply on a number of issues," including abortion rights.

On the other hand, Collins also praised Kavanaugh's experience.

"When you look at the credentials that Judge Kavanaugh brings to the job, it will be very difficult for anyone to argue that he's not qualified for the job," she told reporters.

The White House effort to appoint Kavanaugh has been well organized, the smoothest since Trump's last Supreme Court nomination of Neil Gorsuch.

Officials provided supporters with talking points only minutes after Monday's announcement. A group of 34 former law clerks released a letter praising Kavanaugh's warmth, qualifications, even-handedness, mastery of details and deference to precedent.

While Trump traveled to Europe for NATO meetings Tuesday, Vice President Mike Pence accompanied Kavanaugh to Capitol Hill and led a blitzkrieg of media appearances. A taped interview with the conservative Sinclair Broadcasting Group went to 200 television stations around the country. Pence spoke to radio shows in West Virginia, Manchin's home state, and Indiana, the home state of Donnelly. The vice president also granted interviews to CNN and Fox.

"Messaging-wise, the big thing you're going to hear is this is a mainstream pick with a demonstrable record," said a White House official who did not want to be identified speaking about the internal process.

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Credit: By Sarah D. Wire ; Noah Bierman - Washington Bureau - [email protected]

Caption: Vice President Mike Pence make the rounds Tuesday with Brett Kavanaugh on Capitol Hill.

Sen. Chuck Schumer focuses on health care in front of the Supreme Court.

Alex Edelman/Getty

Olivier Douliery/Abaca Press