Dems’ plan to block Barrett to save Obamacare will do the opposite

Dems’ plan to block Barrett to save Obamacare will do the opposite

It comes as no surprise that Joe Biden has the facts precisely backward, telling reporters, “This nominee said she wants to get rid of the Affordable Care Act — this president wants to get rid of the Affordable Care Act. Let’s keep our eye on the ball. This is about less than one month, Americans are going to lose their health insurance.”

First of all, Amy Coney Barrett has said nothing of the kind. More importantly for Biden and his fellow Democrats is that if they are really intent on salvaging this law, their only chance of doing say is by confirming Barrett to the Supreme Court.

Trending: Sportscasters Joe Buck, Troy Aikman caught on hot mic mocking NFL military pregame flyover

It all comes down to numbers. In the case of California v. Texas (known in the lower courts as Texas v. U.S.), the key is the longstanding legal principle of severability. This  refers to a provision in a contract or piece of legislation that states that if some of the terms are held to be illegal or otherwise unenforceable, the remainder should still apply. In the case of Obamacare, a lower court has already ruled that the individual mandate, which was struck down last December, is not severable from the law as a whole. Oral arguments are set to be heard by the Supreme Court on Nov. 10. If Barrett is not confirmed, and the opinion among the eight justices on is split 4-4 , the lower court ruling stands. Obamacare will become history.

LU Staff

LU Staff

Promoting and defending liberty, as defined by the nation’s founders, requires both facts and philosophical thought, transcending all elements of our culture, from partisan politics to social issues, the workings of government, and entertainment and off-duty interests. Liberty Unyielding is committed to bringing together voices that will fuel the flame of liberty, with a dialogue that is lively and informative.

Comments

For your convenience, you may leave commments below using Disqus. If Disqus is not appearing for you, please disable AdBlock to leave a comment.