Brett Kavanaugh | KERA News

Brett Kavanaugh

Senate Democrats, who are divided on abortion policy, are instead turning to health care as a rallying cry for opposition to Brett Kavanaugh, President Trump's Supreme Court nominee.

Specifically, they are sounding the alarm that confirming the conservative U.S. Court of Appeals judge could jeopardize one of the Affordable Care Act's most popular provisions — its protections for people with pre-existing health conditions.

The landmark U.S. Supreme Court decision Roe v. Wade is in the spotlight again with President Trump's nomination of Brett Kavanaugh to fill the vacancy created by Justice Anthony Kennedy's retirement. The ruling found a constitutional right to privacy extends to a woman's decision to have an abortion.

Over a dozen years as a judge on the federal appeals court in Washington, D.C., Brett Kavanaugh has weighed in on controversial cases involving guns, abortion, health care and religious liberty.

But after Kavanaugh emerged on President Trump's shortlist for the Supreme Court, a suggestion the judge made in a 2009 law review article swiftly took center stage:

"Provide sitting presidents with a temporary deferral of civil suits and of criminal prosecutions and investigations," Kavanaugh proposed.

President Trump's nomination of Judge Brett Kavanaugh to fill the Supreme Court vacancy left by retiring Justice Anthony Kennedy was met with swift partisan response from many in Congress, emphasizing the power of a narrow group of uncommitted senators.

A large number of Senate Democrats, including Senate Minority Leader Chuck Schumer, D-N.Y., immediately announced that they plan to vote against Kavanaugh.

Jacquelyn Martin / AP

President Donald Trump has nominated Brett Kavanaugh to replace Supreme Court Justice Anthony Kennedy.

The announcement Monday night came less than two weeks after the high court’s swing voter announced his retirement. If confirmed, Kavanaugh would solidify the Supreme Court's conservative majority.