Robert F. Kennedy Jr., President Donald Trump’s nominee to lead the Health and Human Services Department, defended his views on vaccines, abortion and nutrition Wednesday in a testy hearing before the Senate Finance Committee, a key step in his path toward a Senate confirmation vote.
His attempts to clean up past remarks on vaccines and abortions did not appear to sway any Democrats on the committee, who appear to be united in their opposition to him. And Kennedy stumbled over wonkier questions about Medicare and Medicaid policy, drug pricing and federal law.
Republicans, meanwhile, defended Kennedy, praising his vow to end chronic disease in America.
Kennedy can only afford to lose the support of three Republicans if all Democrats vote “no” and Vice President JD Vance breaks a tie.
Kennedy tried to drive his testimony toward his goal of combating chronic diseases, opining that the United States spends more than other developed nations on health care but experiences worse health outcomes. That’s been a major focal point of his Make America Healthy Again movement.
“I don’t think anyone is able to do this like I can,” Kennedy said, pointing to increasing cases of diseases ranging from cancer to diabetes and attention deficit/hyperactivity disorder.
But Democrats, while seeming to agree with Kennedy on addressing chronic disease and ensuring Americans have access to healthy foods, remain skeptical. They impugned his efforts to walk back his past statements on vaccines, including that they cause autism, which has been debunked countless times.
“Frankly, you frighten people,” said Sen. Sheldon Whitehouse, D-R.I., citing a measles case in Rhode Island as an example of what could go wrong.
Kennedy and vaccines
Kennedy, who spent years working as an attorney whose portfolio included lawsuits against vaccine manufacturers, claimed he is not “anti-vaccine” and instead wants to make sure that they’re safe.
But public health experts have disputed that framing, pointing to Kennedy’s own comments and actions aimed at sowing distrust in widespread vaccination.
“News reports have claimed that I am anti-vaccine or anti-industry. I am neither; I am pro-safety,” Kennedy said. “I worked for years to raise awareness about the mercury and toxic chemicals in fish, and nobody called me anti-fish. I believe vaccines have a critical role in health care. All of my kids are vaccinated.”
Kennedy’s agreement filed with the U.S. Office of Government Ethics would allow him to keep his financial stake in litigation he has referred to Wisner Baum, a personal injury firm suing over the HPV vaccine, if he is confirmed.
Sen. Elizabeth Warren, D-Mass., asked Kennedy to agree not to take compensation from lawsuits against drug companies. Kennedy dodged the question, saying he was being asked to agree not to sue drug companies.
Kennedy’s views on vaccines have emerged as one of the key issues potentially impacting his confirmation.
A key vote on the panel — Sen. Bill Cassidy, R-La., a physician who has expressed concerns about Kennedy’s vaccine views — did not indicate Wednesday how he will vote on Kennedy’s confirmation.
Cassidy will chair Kennedy’s nomination before the Senate Health, Education, Labor and Pensions Committee hearing Thursday, where two GOP members of that committee — Sens. Susan Collins of Maine and Lisa Murkowski of Alaska — have also expressed concerns about Kennedy’s vaccine views.
Still, another doctor on the Finance Committee, Roger Marshall, R-Kan., defended Kennedy’s vaccine turnaround.
“I don’t see how Mr. Kennedy’s position could be more clear that he’s going to support the vaccines. He’s going to support the science and he’s going to empower patients and their doctors to make these choices,” Marshall said.
Democrats on the panel, however, appeared skeptical that he’ll be able to make the transition from activist to policymaker.
Kennedy and Ron Wyden, D-Ore., the ranking member of the committee, argued over the 2019 outbreak of measles in Samoa, which occurred after Kennedy visited the island and met with health leaders there.
Wyden asserted that Kennedy had played a role in the outbreak by discouraging people from getting the measles vaccine. But Kennedy denied that he actually discouraged people from getting vaccinated and instead was on the island to help streamline medical information.
Kennedy also defended his petition to the federal government in 2021 to withdraw the COVID-19 vaccine. He said Wednesday that “most experts” agree COVID-19 vaccines are not intended for 6-year-old children. The Centers for Disease Control and Prevention recommends COVID-19 vaccines for children six months and older.
“I support the measles vaccine. I support the polio vaccine. I will do nothing as HHS secretary that makes it difficult or discourages people from taking any of those vaccines,” Kennedy said to Wyden.
Kennedy discounted opposition from Democrats as a knee-jerk reaction to anything supported by Trump.
“All these Democrats are opposed to me for partisan issues,” Kennedy said. “They used to be my friends.”
At two points in the hearing, two protesters in the audience were escorted out of the room during the hearing for shouting when Kennedy made comments on his stance on vaccines.
Medicare/Medicaid
Cassidy, who has expressed concerns about Kennedy’s vaccine views, focused his questioning not on that but on Medicare and Medicaid policy.
Kennedy stumbled over those answers, saying Medicaid deductibles and copays are too high. Very few Medicaid programs have such cost-sharing requirements, and when they do, they are typically modest.
He also said Medicaid is fully funded by the federal government. But states pick up an average of 31 percent of the costs.
Kennedy signaled a willingness to change Medicaid, arguing that beneficiaries aren’t happy with it and it’s not producing good outcomes for patients.
“They don’t like the ACA, they don’t like Medicaid. They would prefer to be on private insurance,” Kennedy said.
Polling has shown majorities of the public support Medicaid and the 2010 health care law.
Sen. Bernie Sanders, I-Vt., pressed Kennedy on whether he believes health care is a human right. Kennedy stopped short of agreeing with that statement, saying that unlike the right to free speech, health care comes at a financial cost to the public.
“Free speech doesn’t cost anybody anything,” Kennedy said. “But in health care if you smoke cigarettes for 20 years and then get cancer, you are now taking from the [insurance risk] pool.”
Insurance plans are allowed to charge tobacco users more for premiums.
Kennedy said that out of all of the about 60 meetings he’s had with senators throughout his confirmation process, pharmacy benefit manager reform was a main priority on both sides of the aisle.
Abortion
Kennedy attempted to walk back his past views on abortion; he has previously said decisions should be left between a woman and her doctor.
“I agree with President Trump: every abortion is a tragedy,” he said to Sen. James Lankford, R-Okla., repeating iterations of that statement several times throughout the hearing.
“I serve at the pleasure of the president. I’m going to implement his policies,” Kennedy said later.
Hassan said, tongue-in-cheek, that she was “heartened” to see Kennedy and her shared beliefs about abortion.
Sen. Catherine Cortez Masto, D-Nev., pressed Kennedy on whether he thinks EMTALA, a 1986 law that requires hospitals to provide emergency care to all in exchange for receiving federal Medicare money, requires hospitals to provide abortions if necessary to save a woman’s life. That is the position the Biden administration took in a case that is still moving through the courts.
“I don’t know,” Kennedy said, replying to Cortez Masto.
Last year the Supreme Court ruled that emergency abortions can continue in Idaho but punted on providing clarity on the larger issue, sending the issue back to the appeals courts.
The 9th U.S. Circuit Court of Appeals heard arguments on the same case in December but has not issued a decision.
The Trump administration is likely to drop the Department of Justice’s defense of the case.
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