Feinstein: Next Supreme Court Justice Could be Deciding Vote in November to Strike Down Health Care Law

Washington—Senate Judiciary Committee Ranking Member Dianne Feinstein (D-Calif.) released the following statement on the potential effect of the Supreme Court vacancy on the Affordable Care Act:

“Senate Republicans are rushing through a Supreme Court nominee before the election, giving the court a 6-3 conservative majority that is likely to strike down the Affordable Care Act.

“Let’s be clear what’s at stake: health insurance for millions of Americans and life-saving protections for the 129 million people with pre-existing conditions.

“Just one week after the November 3 election, the court will hear oral arguments in two cases on the constitutionality of the ACA. If confirmed, the next justice would represent the deciding vote in those cases.

“After failing repeatedly to repeal the ACA in Congress, Republicans are now turning to the courts to do what President Trump and his Republican allies couldn’t do in Congress.

“The Supreme Court has twice upheld the law, with Justice Ginsburg voting with the majority in both cases. However, a new conservative judge on the court could be the decisive vote to strike down the Affordable Care Act.

“It’s unconscionable that in the middle of a global pandemic, Senate Republicans are going to shortcut the confirmation process to jam through a nominee so they can deny coverage to millions of Americans.

“We’re nearly a month away from an election. Republicans argued in 2016 when a vacancy occurred 10 months before an election, the American people should have a say in who will be their next justice. That should still be the case.”