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Morning Briefing

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Tuesday, Oct 13 2020

Full Issue

Future Of ACA Takes Center Stage At Supreme Court Confirmation Hearing

Senate Democrats on the Judiciary Committee are focusing much of their questions and comments to Supreme Court nominee Amy Coney Barrett around an upcoming case that could overturn the Affordable Care Act as well as other issues related to the pandemic.

Democrats on Monday painted Judge Amy Coney Barrett, President Trump鈥檚 high court nominee, as an existential threat to the Affordable Care Act (ACA), allowing them to go on offense in the fight over the Supreme Court and the fast-approaching election.聽Democrats view health care as a politically potent issue that resonates with voters and galvanizes their base with only 22 days left to go until Nov. 3,聽when they are hoping to win back both the White House and the Senate majority. (Kruzel and Carney, 10/12)

Supreme Court nominee Amy Coney Barrett presented herself to the nation Monday as a humble and apolitical judge, opening a pandemic-altered Senate confirmation hearing that Democrats tried to make as much about health care, covid-19 and President Trump as about Barrett鈥檚 qualifications. It was the start of what will be an acrimonious four days, as Republicans embark just weeks before Election Day on a historic move to lock in a long-sought 6-to-3 conservative majority on the Supreme Court and perhaps boost Trump鈥檚 and their own reelection prospects. (Barnes, Min Kim and Hawkins, 10/12)

Republicans and Democrats offered sharply divergent arguments on Monday in a Supreme Court confirmation fight whose outcome is likely to steer the court to the right for years, vying to define Judge Amy Coney Barrett and frame the political stakes of President Trump鈥檚 rush to install her before he faces voters. In a marathon day of opening statements, Democrats assailed Judge Barrett as a conservative ideologue who would overturn the Affordable Care Act and abortion rights, and whose nomination amounted to an illegitimate power grab by a president in the last days before the election. (Fandos, 10/12)

Supreme Court nominee Amy Coney Barrett will face senators鈥 questions over her approach to health care, legal precedent and even the presidential election during a second day of confirmation hearings on track to lock in a conservative court majority for years to come. The mood is likely to shift to a more confrontational tone as Barrett, an appellate court judge with very little trial court experience, is grilled in 30-minute segments Tuesday by Democrats gravely opposed to President Donald Trump鈥檚 nominee, yet virtually powerless to stop her rise. Republicans are rushing her to confirmation before Election Day. (Sherman, Mascaro and Jalonick, 10/13)

To hear Democrats tell it, a Supreme Court with President Donald Trump鈥檚 nominee Amy Coney Barrett could quickly get rid of the law that gives more than 20 million Americans health insurance coverage. But that鈥檚 not the inevitable outcome of a challenge the court will hear Nov. 10, just one week after the election. Yes, the Trump administration is asking the high court to throw out the Obama-era healthcare law, and if she is confirmed quickly Barrett could be on the Supreme Court when the court hears the case. (Gresko and Sherman, 10/13)

Also 鈥

On Sept. 29, Sens. Ted Cruz (R-Tex.) and Mike Lee (R-Utah) attended a party together to watch the first presidential debate. Two days later, feeling sick, Lee took a test for the novel coronavirus, receiving a positive diagnosis, the first of three GOP senators to announce in a 24-hour span that they contracted the virus. Less than 11 full days later, Lee participated in Monday鈥檚 Supreme Court confirmation hearing for Judge Amy Coney Barrett, delivering an opening statement in person 鈥 with no mask 鈥 and periodically whispering to his GOP colleagues. (Kane, 10/12)

Iowa Republican Sen. Joni Ernst zeroed in on the issue of gender at Monday's confirmation hearing for Amy Coney Barrett. She used her opening statement to link herself to Barrett "as a fellow mom, a fellow Midwesterner" and accused Democrats of launching attacks on the judge's religious beliefs 鈥 even though Republicans were the only ones bringing up the issue at the hearing. Ernst pointed out Monday that this was her first chance on the Judiciary Committee to be involved in a confirmation hearing for a Supreme Court nominee. She was one of two female GOP senators added to the panel in 2019 after a contentious confirmation process for Brett Kavanaugh in 2018 highlighted the then-all male lineup on the Republican side of the committee. (Walsh, 10/12 )

Democrats on Monday sought to turn the opening day of a contentious, four-day confirmation hearing for Amy Coney Barrett, President Donald Trump鈥檚 Supreme Court nominee, into a fight over the sweeping health care law known as the Affordable Care Act. Texas Sen. John Cornyn, a Republican facing a tough reelection challenge, ended up right in the thick of it 鈥 thanks to, of all people, a Democratic senator from Rhode Island. (Benning, 10/12)

There is, traditionally, a predictable rhythm to the start of a 鈥渕uch-awaited hearing鈥 on Capitol Hill. There are protesters and counterprotesters, enhanced police and news media presences, insufferable opening statements and an overall sense that something more momentous than usual might be going on. The start of the Senate Judiciary Committee鈥檚 hearings for Judge Amy Coney Barrett on Monday had all of that. But like everything else in Washington these days, this was an entirely different kind of pinstripe rodeo. Start with the hazmat suits. (Leibovich, 10/12)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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