McConnell is too busy celebrating anti-health care judges to deal with the COVID-19 crisis

Last Friday, in the midst of a worldwide health crisis, Mitch McConnell was not in Washington D.C. as Congress and the White House negotiated to formulate a response to the coronavirus pandemic. Indeed, while millions feared for their families’ health, workers found their jobs in jeopardy as businesses closed, schools shut down, the financial market crashed, and everyone adjusted to lockdowns, quarantines, and social upheaval, Mitch McConnell and the Republican Senate he leads did nothing for days.

What did McConnell prioritize over the health and economic needs of millions? Ironically, the Majority Leader chose to attend a party in Kentucky on Friday for trial court judge Justin Walker, who has argued that the courts should strip healthcare coverage from millions. Also at the party was Brett Kavanaugh, for whom Walker used to work. Of course, McConnell could have given remarks to Walker and attendees by video-conference, or had an aide represent him. But, the same day thousands of his fellow citizens were falling sick with COVID-19, McConnell decided a bash and photo op with Kavanaugh was more important. 

The fact that McConnell abdicated leadership is damning enough. But, the fact that he did so to celebrate Walker and Kavanaugh — two judges who are on record arguing that the courts should take away access to quality health care from millions, including persons with preexisting conditions — is particularly noxious. 

The fact that McConnell abdicated leadership is damning enough. But, the fact that he did so to celebrate Walker and Kavanaugh — two judges who are on record arguing that the courts should take away access to quality health care from millions, including persons with preexisting conditions — is particularly noxious. 

Even with Trump in the White House and Republicans controlling both houses of Congress, McConnell and Republicans tried to repeal the Affordable Care Act (ACA) and failed. McConnell has packed the courts with judges committed to accomplishing what he couldn’t. As President Trump promised, “[m]y judicial appointments will do the right thing unlike Bush’s appointee John Roberts on Obamacare.”

Furthermore, Justin Walker was rated unqualified by the American Bar Association. The Senate confirmed him to be a trial judge, even though he had never tried a case and had only taken one deposition. Walker is on record urging courts to invalidate the ACA and praising his former boss, Brett Kavanaugh, for writing a “roadmap” for ACA repeal. Brett Kavanaugh, while on the DC Circuit, dissented from two rulings upholding the ACA. One of Kavanaugh’s clerks, Sarah Pitlyk (now a judge whose confirmation McConnell also supported) said of Kavanaugh, “No other contender on President Trump’s list is on record so vigorously criticizing the ACA.” 

The threat to our health from judges like the one McConnell was celebrating is real. There is a lawsuit, supported by Trump, challenging the entire ACA that, if successful, would cause nearly 20 million people to lose health insurance, 135 million people with preexisting conditions (including cancer survivors, pregnant women, and people with preexisting conditions) to lose protections, and nearly 12 million seniors to pay more for prescription drugs. In Kentucky alone, 379,000 people could lose coverage if the ACA goes away, including 31,000 young adults and 23,000 children — not to mention the 1,799,500 Kentuckians who have a pre-existing condition.

Three Republican-appointed judges have already allowed the lawsuit to go forward, and this fall, the Supreme Court — including Kavanaugh — will decide the fate of the lawsuit and the health care of millions. 

At a time when a pandemic is threatening the health of every American, Mitch McConnell made clear where his priorities lie, and sadly, it’s not with health of the American people.