Democrats in the Senate have spent much of Judge Amy Coney Barrett’s confirmation hearing this week grandstanding and trying to score political points before an election, rather than focusing on the qualifications of the nominee.
Among those who have attempted to score political points is Democratic vice presidential candidate Sen. Kamala Harris (D-CA), who made dire predictions about what a Justice Barrett on the Supreme Court would mean for Americans’ health care. But as noted by Breitbart writer Joel Pollak, the senator’s claims do not hold water.
Harris claims health care of millions is at stake
Pollak specifically examined Harris’ claim that Barrett’s confirmation would mean an end to the Affordable Care Act, better known as Obamacare, a contention he rated as being “mostly false.”
While acknowledging it as a possibility, the conservative journalist called any such outcome “very unlikely, given the nature of the case.”
Addressing Barrett on Tuesday, Harris said, “So if the Affordable Care Act is struck down, more than 100 million Americans with preexisting conditions like heart disease, diabetes and cancer would pay more for insurance or be denied coverage entirely.”
She continued, “More than 20 million Americans could lose their health coverage entirely, including nearly 3 million Black Americans — and 5 million Latino Americans received access to health insurance because of the Affordable Care Act.”
Harris then asked Barrett: “Would you consider the 135 million people who gained protections under the Affordable Care Act when deciding a case that challenges that law?”
Constitutional law professor: Overturning ACA “just not likely”
Despite Harris’ claims, Pollak pointed to constitutional law professor Jonathan Turley, who argued that justices currently on the court are unlikely to strike down the act due to the issue of severability.
“The betting of most legal experts is that at least two conservative justices will support sending it back to sever the one provision found to be unconstitutional,” Turley told Fox News’ Chris Wallace on Monday, the Washington Examiner reported.
He continued, “So my point is only that the assumption being made, being brought here with all of these pictures, is that this future justice is going to end healthcare for all these individuals.”
“That’s just not likely,” Turley insisted, “and more importantly, the arguments on the merits of the ACA, in my view, are really inappropriate for a confirmation hearing.”
In his article fact-checking Harris, Pollak also addressed the senator’s claim that over 100 million people with pre-existing conditions depend on the ACA to get health insurance. He cited a Wall Street Journal piece debunking a similar claim from Democratic presidential nominee Joe Biden that found “a mere 2.7% of an estimated roughly 130 million people with pre-existing conditions gained access to health insurance through the Affordable Care Act.”