(Tea Party 247) – Day 1 of the Senate Confirmation hearing of Judge Amy Coney Barrett has shown us one thing very clearly: it is the Democrats indeed who are interested in transforming and using the United States Supreme Court as a political weapon to enact their anti-American, pro-socialism agenda and to silence any who oppose.
The opening statements of all Democratic Senators were marred by lies, disproven narratives, and shots at the President. One of the biggest themes for the Dems was the Affordable Care Act and their supposed concern that, if confirmed, Barrett would somehow seek to end it. Of course, this is all just propaganda, fear-mongering, and political grandstanding.
Though not present at the hearing, Joe Biden has said his own piece about Barrett and has asserted that she has actually said that “she wants to get rid of the Affordable Care Act.” Of course, this is a patent lie.
Breitbart has the details:
Former Vice President Joe Biden told reporters that Judge Amy Coney Barrett, now going through confirmation hearings for the Supreme Court vacated by the late Justice Ruth Bader Ginsburg, “said she wants to get rid of the Affordable Care Act.”
That is false. Barrett has never stated an opinion on the law, and her judicial philosophy is that judges are not lawmakers.
What she has done is criticize Chief Justice John Roberts’s decision in NFIB v. Sebelius, in which he rewrote the statute to save it.
In a law review article in 2017, she wrote:
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’s commerce power.
She also quoted her former mentor, the late Justice Antonin Scalia, who dissented:
Justice Scalia, criticizing the majority’s construction of the Affordable Care Act in both NFIB v. Sebelius and King v. Burwell, protested that the statute known as Obamacare should be renamed “SCOTUScare” in honor of the Court’s willingness to “rewrite” the statute in order to keep it afloat.66 For Justice Scalia and those who share his commitment to uphold text, the measure of a court is its fair- minded application of the rule of law, which means going where the law leads. By this measure, it is illegitimate for the Court to distort either the Constitution or a statute to achieve what it deems a preferable result.
Barrett never said that the statute should be overturned; she criticized the method by which it was upheld. Biden’s claim is false.
The Democrats are grasping at straws in the face of an impeccable Supreme Court nomination. Judge Amy Coney Barrett would be an exceptional addition to the SCOTUS and even the Democrats know it. Instead of focusing on her and her nomination all they can do is try to distract the American people and impede the process by continuing to sling mud at President Trump and make up false accusations against her.