The Senate Judiciary Committee began hearings on the nomination of Amy Coney Barrett today, and Ranking Member Senator Dianne Feinstein (D-Calif.) let everyone know what the Democrat members’ focus would be. On November 10, the Supreme Court will begin hearings on Texas v. California, which challenges Obamacare’s constitutionality. Feinstein was careful to refer to the legislation as the Affordable Care Act.
Judge Barrett has gone on the record stating that she felt Justice John Roberts’ majority opinion in National Federation of Independent Business v. Sebelius went beyond the ACA legislation’s scope to preserve the statute. For those who don’t remember, he classified the individual mandate as a “tax.” As the federal government has the ability to levy a tax, this fell within the scope of federal power.
The Trump administration has repealed the individual mandate, thereby leaving the legislation on tenuous legal ground. The questions before the Court are: (1) Whether the unconstitutional individual mandate to purchase minimum essential coverage is severable from the remainder of the Patient Protection and Affordable Care Act; and (2) whether the district court properly declared the ACA invalid in its entirety and unenforceable anywhere.
Feinstein also previewed that these hearing will be full of emotional, albeit questionable, stories. As the camera panned to the full room, you could see large pictures behind each Democrat senator, representing tearful stories, to be sure. The stories bring into stark relief the difference between Democrats’ and Republicans’ views of the Court. Emotional arguments may be compelling, but the Court should be deciding whether a law is constitutional.
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