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What Can Industry Expect With New Supreme Court Justice Brett Kavanaugh On The Bench?

Executive Summary

In upcoming health-care cases likely to come before the high court in the next couple of years, a more conservative Supreme Court – thanks to the confirmation of Brett Kavanaugh – could issue rulings that would overturn portions of the Affordable Care Act concerning preexisting conditions. The new court could also have an impact of issues of federal preemption and court deference, or lack thereof, to federal agency interpretation of statute.

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