Commotion: Amy Coney Barrett on ObamaCare
The Claim
Supreme Court Justice Amy Coney Barrett changed her stance on the Affordable Care Act.
News posted on
Emerging story
Before being seated in late 2020, Supreme Court Justice Amy Comey-Barrett faced intense scrutiny about her stance on healthcare. Many anticipated that she would remove the Affordable Care Act, also called “Obamacare,” at her first opportunity.
Misbar’s Analysis
Last year’s prediction that Judge Barrett would vote against the Affordable Care Act was speculative. On a vote deciding whether states can remove ObamaCare, the Supreme Court ruled that because no damages are caused by the mandate that all adult individuals possess health insurance, there was no legal standing to prevent it. Judge Barrett was not a dissenting voter.
Barrett experienced opposition, among Senate democrats, who even held a special meeting during her inauguration hearing to discuss healthcare. In 2017 she criticized a vote on keeping ObamaCare. She argued that the Supreme Court “perverted the Constitution or a statute” in order to achieve a more favorable outcome for their vote. During her confirmation hearing, Rhode Island Senator and Democrat Sheldon Whitehouse called Barrett a “judicial torpedo” destined to remove any protections offered by ObamaCare. Senate Democrat Leader Chuck Schumer issued a press release in late September of 2020 stating “a vote...for...Barrett is a vote to strike down the Affordable Care Act.”
Those critical of Barrett also cited the rushed efforts of confirming Barrett during an election year but forgot President Obama’s similar attempt to appoint Merrick Garland in 2016. Democrats lacked the votes to do so, and lacked the votes to stop Barrett’s appointment.
