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SCOTUS nominee Barrett says she’s not ‘hostile’ to the Affordable Care Act


Supreme Court Nominations

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U.S. Supreme Court nominee Judge Amy Coney Barrett mentioned throughout her affirmation listening to Tuesday she shouldn’t be “hostile” to the Affordable Care Act or to any statute handed by Congress.

Democratic senators have been highlighting tales of people that have been helped by the ACA and its protections for preexisting situations and insurance coverage protection with out caps.

Barrett mentioned the ACA case pending earlier than the Supreme Court shouldn’t be a problem to preexisting situations or a lifetime cap on insurance coverage funds. The case, California v. Texas, asks whether the well being care regulation and its insurance coverage mandate stays constitutional after Congress eradicated the tax penalty for failure to hold insurance coverage. And whether it is unconstitutional, the problem is whether or not the remainder of the statute can stand, Barrett mentioned.

That concern activates the doctrine of severability, and “that is not something I have ever talked about with respect to the Affordable Care Act,” she mentioned.

Democrats questioned Barrett about a law review article that she wrote wherein she said Chief Justice John G. Roberts Jr. had “pushed the Affordable Care Act beyond its plausible meaning to save the statute.” Roberts had joined with liberal justices to uphold the law in June 2012, holding that Congress had the authority to undertake it under its taxing energy. The case was National Federation of Independent Business v. Sebelius.

In the paragraph critiquing Roberts’ opinion, Barrett had written: “Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute. He construed the penalty imposed on those without health insurance as a tax, which permitted him to sustain the statute as a valid exercise of the taxing power; had he treated the payment as the statute did—as a penalty—he would have had to invalidate the statute as lying beyond Congress’ commerce power.”

Barrett mentioned in the identical article that Roberts has not confirmed himself to be a textualist in issues of statutory interpretation. To again up the declare, in footnote 63, Barrett cited a 2015 opinion, King v. Burwell, wherein Roberts and the courtroom majority interpreted a phrase “established by the state” to carry that the ACA permits tax credit for insurance coverage bought on an trade established by the federal authorities.

Democratic Sen. Dianne Feinstein of California requested Barrett how Roberts stretched the statute past its believable which means.

Barrett answered that the outline is per Roberts’ own acknowledgment in King v. Burwell that the courtroom’s studying of the phrase “established by the state” was not probably the most pure studying of the regulation.


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