Sometimes Democratic senators tell on themselves. In today’s Amy Coney Barrett nomination hearing, many Democrats made it clear that they see the role of judges as passing or killing policy based on whether they like or dislike the policy.
That’s not what judges should do, and nobody has presented an ounce of evidence Barrett has or would. But Democrats, by basing their entire argument against Barrett on the Affordable Care Act, basically admitted that their vision of a judge is as a superlegislator.
Democratic senator after Democratic senator appeared with a picture of a constituent and a story of how that constituent benefited from Obamacare. This is the core of their planned partisan attack against Barrett.
The assertion: Barrett would strike down the Affordable Care Act if confirmed to the Supreme Court. This is very unlikely, as the ACA case on the docket is
Over the summer, as racial justice demonstrations swept through American cities, President Donald Trump warned he would wield the powers of government to suppress violence. Embracing a “law and order” mantle, Trump himself announced from the East Room a surge of federal agents and castigated groups such as Black Lives Matter as cultivating “hate.”
“My first duty as President is to protect the American people, and today I’m taking action to fulfill that sacred obligation,” he declared.
A few months later, Trump’s only acknowledgment of
Particularly scrutinized is a 2017 essay that Barrett penned for a Notre Dame Law School journal in which she argued that Chief Justice John G. Roberts Jr., Jr., who wrote the majority opinion when the Supreme Court upheld the constitutionality of the health-care law in 2012, “pushed the Affordable Care Act beyond its plausible meaning to save the statute.”
Sen. Christopher A. Coons (D-Del.), who talked by phone with Barrett on Wednesday, said he asked her about a pair of Supreme Court decisions upholding the Affordable Care Act as well as the 2017 essay. Barrett, Coons said, repeatedly declined to speak to the specifics of a case, saying “she wouldn’t get into the details of how she might rule.”
“The ACA is not just on the docket of the Supreme Court,” Coons, a member of the Senate Judiciary Committee, told reporters on Wednesday. “It’s on the ballot this fall.”