Stop Brett Kavanaugh Fact Sheet: Senior Citizens

Official White House Photo by Pete Souza

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Judge Kavanaugh would threaten hard-won rights and protections for senior citizens.

Judge Kavanaugh’s narrow understanding of employment discrimination and expansive view of employers’ rights have troubling implications for senior citizens pursuing age discrimination claims.

Many senior citizens depend on Medicaid and Social Security for their basic survival. Judge Kavanaugh was a senior advisor in the George W. Bush administration when both programs came under serious attack. Today, the American people are being denied access to records that would tell us what role he played in those attacks.

Americans who access health care on the private insurance market, including senior citizens, depend on market competition to help keep their monthly premiums and other costs down—competition that Judge Kavanaugh opposed.

Judge Kavanaugh has repeatedly criticized the Affordable Care Act, indicating his embrace of ongoing legal challenges to the 2010 law.

Federal agencies fill many critical needs in the daily lives of senior citizens. Judge Kavanaugh, however, appears likely to side with Trump’s first Supreme Court nominee, Justice Gorsuch, in limiting agency roles regarding the laws they are expressly charged with implementing.

  • Argues for limiting judicial deference to agencies’ interpretations of the statutes they administer and for the outright reduction or elimination of some agencies
  • Overturned by the Supreme Court in Environmental Protection Agency v. EME Homer City Generation, holding that, in attempting to undermine the EPA, Kavanaugh tried to “improve upon” rather than “apply” federal law
  • Overturned by his own D.C. Circuit Court in PHH Corporation v. Consumer Financial Protection Bureau after he argued that independent agencies like CFPB, which, among its other functions, combats predatory business practices that take advantage of older adults, “pose[d] a significant threat to individual liberty”