Senate Democrats want the Supreme Court confirmation hearings of Judge Amy Coney Barrett to be all about Obamacare and, more specifically, its protections for those with preexisting conditions. That’s because in a few weeks, the Supreme Court will hear arguments in California v. Texas, a lawsuit about the constitutionality of Obamacare.
But, as Judge Barrett correctly noted, Obamacare’s preexisting condition protections are not at issue before the Supreme Court in this case. Democrats are trying to mislead Americans into believing that the most politically popular elements of Obamacare are at risk while at the same time using some faulty assumptions to make their arguments.
Obamacare’s unpopular individual mandate is at issue. But even if Barrett and the Court find that the mandate is now unconstitutional, the rest of the law will likely stand, leaving its more popular provisions in place.
Judge Barrett will make many decisions on the Court if she is confirmed but causing the demise of Obamacare in the case before it this year won’t be one of them.Read More »