During the confirmation hearing for Judge Amy Coney Barrett on Monday, a slew of Democratic senators warned that Americans will be stripped of their health care if Barrett is confirmed to the court because she will help overturn the legal basis for the Affordable Care Act, known as Obamacare.
But former federal prosecutor Andy McCarthy and Judicial Crisis Network President Carrie Severino said the Democrats’ attacks are unfounded and meant to distract from the nominee, Fox News reported.
The case in question involves a challenge led by the state of Texas and backed by the Trump administration against the “tax” penalty of Obamacare related to the now-defunct “individual mandate” that compelled Americans to purchase health insurance.
Obamacare unlikely to be completely struck down
In an appearance on Fox News on Monday, the two legal pundits noted that while Democrats fearmonger over the law being ruled unconstitutional, there is no basis to say that Obamacare in its entirety will be thrown out.
Severino told Fox News host Bill Hemmer that she believes Democrats focused so much on the “speculation” about Obamacare being overturned because the topic polled well for them and they have no other avenue to attack Barrett.
“They only want to talk about Obamacare,” she said. “I can only conclude it’s because they think that polls better and they realize she is such an outstanding nominee. She’s so qualified … So they don’t want to talk about her. They’d rather talk about complete speculation.”
McCarthy said there is no basis for saying that Barrett’s confirmation will mean Obamacare is overturned.
“I don’t think there’s a single vote on the Supreme Court to overturn Obamacare in toto, and the idea that Amy Barrett is being put on the Supreme Court to invalidate that statute is just absurd,” he said.
Case scheduled for Nov. 10
With regard to the claims from Democrats that millions of Americans could instantly lose their health care coverage due to Barrett’s confirmation, Severino argued that Democrats don’t know where Barrett stands on the law, that the current case has been taken out of context, and that Democrats are engaged in “scaremongering” over an unlikely outcome.
“The idea that she would be the deciding vote to overturn Obamacare in toto is complete speculation on the part of the Democrats,” she said. “The idea that a mother of a child with special needs wants to eliminate preexisting conditions is crazy.”
“She’s so qualified … So they don’t want to talk about her,” Severino said. “They’d rather talk about complete speculation.”
Assuming Barrett is confirmed and sworn into the Supreme Court before the election, she will be on the bench for the oral arguments in California v. Texas, the case challenging Obamacare, scheduled for Nov. 10.