Senate Minority Leader Chuck Schumer said President Trump’s decision to nominate Amy Coney Barrett to the Supreme Court has put “Americans’ healthcare in the crosshairs.”
“The American people should make no mistake — a vote by any Senator for Judge Amy Coney Barrett is a vote to strike down the Affordable Care Act and eliminate protections for millions of Americans with pre-existing conditions,” Schumer wrote in a statement.
“As the COVID-19 pandemic continues to rage, unabated by this Administration, healthcare was already the number one issue on the ballot in November. President Trump has promised to nominate Supreme Court Justices who will “terminate” our health care law and decimate the health care system for American Indians and Alaska Natives. In Judge Barrett, President Trump has found the deciding vote.”
The Supreme Court is set to hear oral arguments just after the November election in a case about the Affordable Care Act. Senate Republicans have indicated they may vote to confirm Barrett before Election Day — meaning she could be seated on the bench for that case.
In an early 2017 law review essay, reviewing a book related to the Supreme Court ruling on the Affordable Care Act, Barrett criticized Chief Justice John Roberts’ rationale that saved the law in 2012.
“Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute,” Barrett wrote. “He construed the penalty imposed on those without health insurance as a tax, which permitted him to sustain the statute as a valid exercise of the taxing power.”