On the recordMay 8, 2019
Mr. President, this week, we know that the Senate is considering the nomination of Michael Park, who has been nominated by the President to serve on the Court of Appeals for the Second Circuit. I have a number of concerns with Mr. Park's nomination and his record. I will highlight just one that I think is a major concern for many Americans. In 2011, Mr. Park submitted an amicus brief to the U.S. Supreme Court, arguing that the Affordable Care Act's Medicaid expansion was unconstitutional. That is the argument he made. He claimed that the Medicaid expansion provision coerced States into accepting a ``greatly enlarged Medicaid program.'' I will come back to that later because those words are important. The rationale for this, he asserted, was that these States could not realistically opt out. Obviously, I disagree with his argument, and I disagree with his rationale. Yet I want to talk about the program and, more importantly, the people who will be affected by his point of view on this policy if he is to be successful in his arguments. If he is to be confirmed, I have a real concern about how he will make decisions as a judge as they relate to healthcare, Medicaid expansion, and related topics. So I am not going to go through the legal arguments, but I do want to talk about Medicaid expansion, the importance of it, and the people it helps. Everyone here knows that Medicaid itself has been a program that we have enjoyed the benefits of for more than 50 years.…





