Now Sen. Schumer is the consummate politician, and a very intelligent guy.
Democrats, sensing that protecting pre-existing condition provisions is a winning political issue, are sounding the alarm over a legal challenge from Texas and 19 other GOP-led states. That lawsuit, however, has been panned by a wide array of legal experts who say it makes an unorthodox argument that has little chance of succeeding.
Currently, the court tilts to the right with a 5-4 majority over its liberal wing, with 81-year-old Kennedy, who announced his retirement late last month, being the crucial swing vote. Sure, depending how the confirmation process develops, it's possible the nomination could affect a handful of races, but the most likely scenario will not change the overall trajectory of the November elections. Susan Collins, of ME, a supporter of abortion rights who represents a mostly blue state - ME is able to split its electoral college votes, with one district consistently blue and the second a battleground. Their certainty - and outrage - that one man will have the power to dispense rights they view to be nonexistent, and dispense with others they consider inalienable, only shores up a fact that the left will nearly never admit: the federal government has far too much power.
In his dissent, Kavanaugh wrote that it came as a "surprise" that the EPA did not consider costs and said the agency's failure to do so was "unreasonable", citing significant costs for industry to meet the regulations.
"That's going to go up to the [nation's highest] court and that's huge", she continued.
That case centered on whether Congress had the power to mandate people have health insurance.
But perhaps more important than all of those issues, at least from a confirmation prospects perspective: Republican Sens.
The newest lawsuit also focuses on the law's mandate to have coverage. He proposed that Congress adopt legislation specifying that the president "is not subject to indictment or information under the laws of the United States while he serves as president".
Adult film star Stormy Daniels arrested at OH strip club, lawyer says
He said his client was "performing the same performance that she has conducted at over a hundred strip clubs around the country". He was married to Melania Trump at the time and has denied Daniel's claim. " #SetUp #Basta ", Avenatti said in a second tweet.
The mandate is unconstitutional, the lawsuit alleges, and therefore the rest of the law should be struck down.
A Supreme Court fight is already a nightmare for these vulnerable Democrats.
Both voted against Trump's effort to repeal the Obama-era Affordable Care Act, and they objected furiously to a measure that would have stripped funding from women's health organization Planned Parenthood. He said he would work to defeat Kavanaugh, in his words, "with everything I have". His father went to law school at night, he added. Claire McCaskill in Missouri, Heidi Heitkamp in North Dakota, Joe Donnelly in Indiana, Joe Manchin in West Virginia, even Bill Nelson in Florida and Jon Tester in Montana, could really use a pass from Schumer to escape the no-win dilemma of choosing between the demands of their party and the leanings of their constituents. He also elevated William Rehnquist from an associate justice to chief.
Just hours after his dramatic White House East Room announcement as Supreme Court nominee, Judge Brett Kavanaugh was on Capitol Hill Tuesday beginning the traditional process of paying courtesy calls on the senators who will vote on his confirmation.
What would it take for President Donald Trump to get yet another Supreme Court pick?
Democrats say the administration's outspoken position against the law puts it more at risk in the courtroom. But Democrats will cast Kavanaugh as part of the same Washington "swamp" Trump vowed to drain.
Five would still be a far cry from George Washington, who named the entire first Supreme Court and ultimately made 11 appointments.