The Democrats’ strategy opposing Judge Amy Coney Barrett’s confirmation is clear: raise the boogeyman that she will overturn the Affordable Care Act and millions will immediately lose their health insurance coverage. Nonsense.
First, the case before the court next month raises a different issue than the one Chief Justice John Roberts decided and she criticized. Second, she hasn’t read the briefs or heard oral arguments, and thus no one can predict her vote. Third, the court can strike the offending provision at issue and keep intact the provisions that the Democrats are wailing about, such as coverage for pre-existing conditions.
Finally, in the unlikely event the law were to be struck down in its entirety, the court can, and likely will, stay its decision to allow Congress time to remedy the statutory defect as it has done in other cases.
Today, the National Legal and Policy Center (NLPC) appealed the dismissal of its ethics complaint filed with New York’s Attorney Grievance Committee (AGC) against U.S. Senator Charles E. Schumer for his threatening comments made in March on the Supreme Court steps before a cheering activist crowd against Justices Neal Gorsuch and Brett Kavanaugh during the hearing on a controversial abortion case:
I want to tell you, Gorsuch… I want to tell you, Kavanaugh… you have released the whirlwind, and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.
Senator Schumer’s remarks drew a public rebuke from Chief Justice John Roberts, the legal community, including the American Bar Association, and many Members of Congress, led by Majority Leader Mitch McConnell, noting that such threats are “dangerous.”
In its one-paragraph dismissal letter dated July 27, 2020, the AGC did not dispute that … Read More ➡