As senators on Tuesday grilled Choose Amy Coney Barrett over her views on the Inexpensive Care Act in the course of the second day of Supreme Courtroom affirmation hearings, Barrett repeatedly mentioned she had no aim to repeal the healthcare regulation.
Democrats have made Barrett’s criticism of an opinion Chief Justice John Roberts wrote upholding the ACA a key tenet of their argument in opposition to Barrett’s nomination, saying that her affirmation earlier than oral arguments in a case that might decide the destiny of the ACA on Nov. 10 might imply invalidation of your entire statute, together with protections for sufferers with preexisting situations.
Barrett mentioned she doesn’t have a specific aim to overturn the ACA, and that she didn’t focus on with the White Home how she could vote on California v. Texas, a case wherein Republican state attorneys basic and the Justice Division argue your entire ACA ought to be invalidated as a result of Congress zeroed out the person mandate.
“I’m not right here on a mission right here to destroy the Inexpensive Care Act, I am simply right here to use the regulation,” Barrett advised Sen. Chris Coons (D-Del.).
She particularly addressed Democrats’ accusations about protections for preexisting situations being in jeopardy in a back-and-forth with Sen. Mike Lee (R-Utah).
“I’ve mentioned repeatedly beneath oath that I had no conversations with anybody within the White Home about that case, and to the extent that there’s a suggestion that I’ve an agenda that I need to strike down folks’s safety for preexisting situations, that is not simply not true,” Barrett mentioned.
The coverage penalties of a call on the ACA could be Congress’ duty, Barrett argued.
“I feel any difficulty that may come up beneath the Inexpensive Care Act or another statute ought to be decided by the regulation, by the textual content of the statute, by precedent the identical approach that it will for anybody. If there have been coverage variations, or coverage penalties, these are for this physique,” Barrett advised Senate Judiciary Committee rating member Dianne Feinstein (D-Calif.).
Barrett additionally mentioned that the authorized points in California v. Texas are totally different from these in two different key circumstances the place the Supreme Courtroom upheld the ACA. The important thing difficulty in California v. Texas is severability, which Barrett mentioned she has not talked about or written about in any respect. She declined to touch upon her opinion on the particular information in California v. Texas.
A closing committee vote on Barrett’s nomination is predicted on Oct. 22, which is able to pave the best way for a possible affirmation vote on the Senate flooring earlier than the Supreme Courtroom hears oral arguments on California v. Texas on Nov. 10.