WASHINGTON — Seven days after the November presidential election, the Supreme Court will hear arguments in a case that could decide the fate of the Affordable Care Act, the 2010 law that has provided health coverage to millions of previously uninsured Americans. Democrats are using that looming reality to frame the opposition against Amy Coney Barrett, President Trump’s nominee to the high court. They say that with her on the court, the ACA will face an all but certain demise.
Before he had even taken the oath of office, Trump set his sights on the Affordable Care Act, the signature legislative accomplishment of Obama, his predecessor. The battle over the Supreme Court seat vacated by the death of Justice Ruth Bader Ginsburg is informed by the earlier fight over the ACA in ways both obvious and not. Although they recognize that their odds are long, Democrats believe that if they can articulate the same arguments and deploy the same tactics, they can prevail once again.
“Our number one job is to communicate exactly what is at stake for the American people if Republicans jam through this nominee,” Senate Minority Leader Chuck Schumer wrote to his colleagues on Sunday. “The elimination of the Affordable Care Act is at the top of the list.” Barrett’s long-standing adherence to constitutional originalism could lead her to rule in ways her Republican supporters do not predict, yet she has little room for ambiguity when it comes to the ACA. A federal appellate judge since 2017, Barrett has not been involved in any ACA-related rulings, but she has criticized the man who could soon be her boss — Chief Justice John Roberts — for his pro-ACA vote in a case known as NFIB v. Sebelius.
Telling people they are going to lose their health coverage is not exactly a winning message, and both parties know it. A senior Democratic staffer on the Senate Judiciary Committee noted that Sen. John Cornyn, R-Texas, had recently sent a mailer in which he promised to protect Texans’ health care. Trump spoke about the looming Supreme Court case at a White House press conference on Sunday. “If we can terminate, we are going to have a much better plan, and you will have your doctor, you will have your plan. You’ll have a lot of things that you don’t get with Obamacare,” he said. The details of that plan are not clear.
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