Previously, I posted a Chat GPT analysis of RFK Jr Hearing, Day 1.
https://www.discoveriesinhealthpolicy.com/2025/01/ai-corner-chat-gpt-assesses-rfk-jr-hhs.html
Here is a similar analysis of Day 2, following by a conjoint analysis. The conjoint analysis resulted in a 60-65% prediction of success for RFK Jr.
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HealthcareDive was unimpressed by RFK Jr's Medicare/Medicaid answers, day 1 or day 2.
IDSA summed up both days here.
Endpoints summed up here, noting that RFK can lose 3 Republican senators (and he's expected to) but still squeak by with the Veep tie-splitter. But if he loses one more, like Sen. Cassidy, a physician, he's toast.
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CHAT GPT
Here is a detailed summary and insightful analysis of Day Two of Robert F. Kennedy Jr.’s Senate confirmation hearing for Secretary of Health and Human Services.
Summary of Key Moments
Opening Statements
- The hearing opened with Senator Bill Cassidy (Chairman) acknowledging Kennedy’s family legacy and stating his concerns about Kennedy’s past vaccine positions. He praised Kennedy’s stance on reducing ultra-processed food but pushed him on whether he would publicly affirm vaccine safety and work to restore public confidence.
- Senator Bernie Sanders (Ranking Member) focused on healthcare system failures, high costs, and lack of universal coverage. He challenged Kennedy’s ability to stand up to corporate interests and address economic inequality in healthcare.
- Robert F. Kennedy Jr. introduced himself, emphasizing his background in environmental law and arguing that chronic disease is the primary driver of America’s health crisis. He expressed support for President Trump’s “Make America Healthy Again” movement, framed himself as a reformer, and said he would base decisions on science rather than personal opinions.
Vaccine Controversy & Kennedy’s Stance
- Cassidy and Sanders grilled Kennedy on his history of casting doubt on vaccine safety. They asked whether he would unequivocally state that measles and hepatitis B vaccines do not cause autism, citing extensive scientific evidence.
- Kennedy refused to give a direct answer, saying he would need to review the studies but would apologize if proven wrong.
- Sanders was visibly frustrated, saying Kennedy should have already been familiar with this evidence before applying for the position.
COVID-19 Vaccine Debate
- Sanders confronted Kennedy on his past opposition to COVID-19 vaccines, citing studies showing they saved millions of lives.
- Kennedy refused to acknowledge the vaccines' impact, saying "we don’t have a good surveillance system" and that the data was unclear.
- Sanders accused him of spreading dangerous misinformation, calling his refusal to accept scientific consensus "really problematic."
Other Controversial Moments
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Lyme Disease Bioweapon Theory
- Kennedy denied believing that Lyme disease was created as a military bioweapon, but acknowledged that he had read books making that claim.
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Conspiracy Theories & 9/11
- Senator Tim Kaine pressed Kennedy on a 2024 social media post where he questioned what was "conspiracy theory and what isn’t" about 9/11.
- Kennedy refused to take a stance, saying, “I haven’t investigated it.”
- Kaine called this "deeply disturbing" and suggested it showed Kennedy had difficulty distinguishing fact from conspiracy theory.
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HPV Vaccine & Sexual Harassment Allegation
- Senator Patty Murray criticized Kennedy for calling the HPV vaccine "dangerous and defective" and falsely claiming it increases cervical cancer risk.
- She also raised a past sexual harassment accusation against Kennedy, pressing him on why he apologized to the accuser.
- Kennedy denied the allegations, saying his apology was for something else.
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Abortion & Birth Control
- Senator Tim Scott (R-SC) asked whether Kennedy’s deputies would be pro-life.
- Kennedy said he would implement Trump’s policies, which include restrictions on late-term abortion.
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Medicaid & Healthcare Cuts
- Sanders pressed Kennedy on whether he would oppose Republican-led Medicaid cuts.
- Kennedy refused to commit, instead arguing that the entire healthcare system is broken.
Analysis: Strengths & Weaknesses of Kennedy’s Performance
Strengths
✔ Chronic Disease Focus – Kennedy effectively shifted the conversation to chronic disease, arguing that the healthcare system focuses on treatment instead of prevention. His emphasis on ultra-processed food and environmental toxins resonated with some lawmakers.
✔ Populist Messaging – His anti-corporate stance, particularly against Big Pharma and the food industry, was popular among Republicans and some Democrats.
✔ Pledged to Follow the Science – He repeatedly stated that he would change his position if presented with data, though his refusal to engage with existing evidence raised doubts.
Weaknesses
✖ Vaccine Doublespeak – Kennedy refused to make a clear statement affirming vaccine safety, even when presented with overwhelming evidence. His "Show me the data" response seemed deliberately evasive.
✖ COVID-19 Vaccine Misinformation – His refusal to acknowledge that COVID-19 vaccines saved lives put him at odds with Trump himself, who has praised Operation Warp Speed.
✖ Conspiracy Theory Ambiguity – His refusal to “take sides” on 9/11 conspiracy theories played into concerns that he engages in misinformation.
✖ Ethics & Financial Conflicts – His financial ties to lawsuits against vaccines raised concerns about bias in how he would regulate pharmaceutical policies.
✖ Clashes with Democrats – His responses to Sanders, Murray, and Kaine reinforced Democratic fears that he would be an untrustworthy steward of public health.
Final Takeaway: Can Kennedy Be Confirmed?
Kennedy clearly has support from Republicans, particularly those who favor individual choice in healthcare and distrust public health agencies. However, his evasiveness on vaccines, history of promoting misinformation, and refusal to engage with established science may make it difficult for him to secure bipartisan support.
✅ LIKELY SUPPORTERS:
- Republicans who want a populist disruptor at HHS.
- Anti-regulation conservatives who favor his criticism of public health bureaucracy.
- Vaccine skeptics and anti-corporate advocates.
❌ LIKELY OPPONENTS:
- Democrats who see him as a dangerous choice for public health.
- Public health experts who view him as a misinformation spreader.
- Some Trump allies who fear his vaccine stance conflicts with Trump's legacy.
Bottom Line
Kennedy framed himself as a reformer, but his vaccine stance, conspiracy rhetoric, and financial conflicts raise serious credibility issues. His confirmation remains uncertain as senators weigh whether his populist appeal outweighs his public health liabilities.
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Discuss the odds of success. (Spoiler alert - 65%).
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Assessment of Robert F. Kennedy Jr.’s Confirmation Prospects for Secretary of Health and Human Services
Based on the transcripts from both Day 1 and Day 2 of Robert F. Kennedy Jr.’s Senate confirmation hearing, his chances of being confirmed for Secretary of Health and Human Services (HHS) depend on several key factors: Republican party unity, his stance on controversial issues, and the pressure on swing votes.
1. Summary of Key Findings from the Hearings
Day 1: Introduction, Policy Proposals & Early Resistance
- Republican Support: Chairman Senator Bill Cassidy (R-LA) and others praised Kennedy’s focus on chronic disease, processed foods, and transparency in public health.
- Democratic Opposition: Senator Ron Wyden (D-OR) delivered a scathing attack, accusing Kennedy of promoting conspiracy theories, spreading anti-vaccine rhetoric, and undermining public trust in health agencies.
- Vaccine Safety Debate: Kennedy claimed he was not anti-vaccine, but Democrats confronted him with past statements, including a petition to block COVID-19 vaccines for children.
- Abortion & Medicaid Issues: Kennedy refused to commit to protecting Medicaid from Republican cuts and was evasive on abortion policies, raising concerns among Democrats.
- Samoa Measles Outbreak: Democrats accused Kennedy of fueling vaccine hesitancy that contributed to deaths in Samoa—an accusation he vigorously denied.
Day 2: Pressure on Vaccines, Medicaid, and Partisan Dynamics
- Republican Reservations on Vaccines: Senator Cassidy and Senator Rand Paul (R-KY) pressed Kennedy on his willingness to change positions based on data. Cassidy asked him point-blank if he would tell the public that measles and hepatitis B vaccines do not cause autism. Kennedy refused to directly say yes, instead asking for more data, which frustrated even Republican allies.
- Democratic Attacks Escalated: Senator Bernie Sanders (D-VT) hammered Kennedy on COVID-19 vaccines, quoting studies that estimate millions of lives were saved. Kennedy refused to acknowledge this, saying there was no good surveillance system to prove it—a response Sanders called "deeply troubling."
- Medicaid & Healthcare Reform: Democrats, including Sanders, pushed Kennedy on whether he would fight Trump’s rumored Medicaid cuts. Kennedy deflected, saying Trump has not discussed cutting Medicaid with him. This failed to satisfy Democrats.
- Partisan Pressure on Republicans:
- Most Republicans seem reluctant to break ranks, even if some (Cassidy, possibly Romney or Collins) have concerns about Kennedy's vaccine rhetoric.
- Even doubtful Republicans may not want to risk becoming a target by voting against him, given Trump’s strong backing.
- Trump Factor: Kennedy frequently invoked Trump’s name, emphasizing that he was aligned with Trump’s “Make America Healthy Again” movement and that Trump personally trusted him.
2. Key Factors Affecting His Confirmation Prospects
✅ Reasons Why RFK Jr. Could Be Confirmed
✔ Republican Majority (Even if Slim): With only a narrow Republican majority in the Senate, Kennedy doesn’t need bipartisan support, just near-total GOP unity. Given Trump’s backing, many Republicans may feel compelled to vote yes.
✔ Trump’s Direct Endorsement: Trump hand-picked Kennedy, framing him as a health reformer. Republicans who vote against him risk angering Trump’s base.
✔ Strong GOP Support on Non-Vaccine Issues: Kennedy’s focus on nutrition, ultra-processed foods, and chronic disease prevention aligns well with many Republican health policies.
✔ Pressure on Swing Republicans to Stay in Line: Senators like Mitt Romney (R-UT), Lisa Murkowski (R-AK), and Susan Collins (R-ME) may have doubts, but voting against Kennedy would expose them to fierce backlash from Trump-aligned forces.
✔ Anti-Bureaucracy Stance Appeals to Conservatives: His criticism of the FDA, CDC, and NIH resonates with Republicans who distrust public health institutions.
❌ Reasons Why RFK Jr. Could Be Rejected
✖ Deep Republican Concerns About Vaccines: Some Republicans (like Cassidy and Paul) have serious reservations about Kennedy’s anti-vaccine reputation. Cassidy’s pointed questioning about whether Kennedy would definitively say vaccines do not cause autism showed lingering doubt.
✖ Unified Democratic Opposition: Every single Democrat is likely to vote against him. Even moderate Democrats see Kennedy as a public health risk.
✖ Baggage on Conspiracy Theories: His past remarks on vaccines, Lyme disease, and 9/11 make him a politically toxic pick for some senators.
✖ Potential GOP Defections on the Vaccine Issue: If two or three Republicans defect, Kennedy could be blocked—especially if Vice President Vance's tie-breaking vote isn't enough to override resistance.
✖ Concerns About Medicaid Cuts: Even some moderate Republicans may worry that Kennedy would not fight against potential cuts to Medicaid, harming seniors and low-income Americans.
3. Final Prediction: Does Kennedy Have the Votes?
Kennedy’s confirmation is uncertain but still slightly favored due to Republican pressure to stay in line.
✅ LIKELY PATH TO CONFIRMATION:
- Kennedy is likely to secure most Republican votes despite some concerns.
- Trump’s influence on the party is a major factor—Republicans who oppose Kennedy risk blowback.
- If only one or two Republicans defect, Kennedy would still be confirmed with VP Vance’s tie-breaking vote.
❌ WHAT COULD DERAIL HIM?
- If three or more Republican senators (e.g., Cassidy, Romney, Murkowski, Collins) vote no, his nomination would fail.
- Last-minute GOP pressure over his vaccine stance could tip the scales if Republicans fear long-term backlash from public health advocates.
Final Probability Estimate
🔵 Kennedy Confirmed: ~60-65% Likely
🔴 Kennedy Blocked: ~35-40% Likely
4. Strategic Takeaways
- If Kennedy wants to secure confirmation, he must assure Republican swing votes (Cassidy, Romney, Collins) that he will not undermine vaccine policies.
- Democrats will use this hearing as a campaign point against Republicans in 2026, portraying Kennedy as a public health risk.
- If Kennedy fails to win confirmation, Trump may nominate a more traditional Republican to avoid a prolonged fight.
Conclusion
RFK Jr.’s confirmation is not guaranteed, but he remains slightly favored to be confirmed due to the Republican majority and Trump’s backing. However, his vaccine views remain a significant liability, and if just a few key Republicans break ranks, he could be blocked.