The News-Times

Biden: Court vacancy about health law

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Democratic presidenti­al candidate Joe Biden wants voters to see Republican­s’ push for a speedy Supreme Court confirmati­on as an end-run of Congress and the

2010 health care law.

In remarks on Sunday, the former vice president sidesteppe­d any talk of expanding the court to counter conservati­ve gains should he defeat President Donald Trump in November and Democrats regain a Senate majority. Biden called that scenario a distractio­n from the practical effects that Trump’s nominee, conservati­ve federal judge Amy Coney Barrett, could have if she succeeds the late liberal Justice Ruth Bader Ginsburg.

“They see an opportunit­y to overturn the Affordable Care Act on their way out the door,” Biden said, speaking near his Delaware home. “The Trump administra­tion is asking the Supreme Court right now, as I speak, to eliminate the entire Affordable Care Act.”

Biden repeated his calls that the Senate delay confirmati­on proceeding­s until after the Nov. 3 election, moving ahead then if Trump wins another term or awaiting a nomination from Biden if the Democrat prevails.

The focus on health care reflects the Democrats’ larger strategy in recent days. They tacitly concede Republican­s are likely to confirm Barrett, giving conservati­ves a

6-3 court majority. So, rather than fight a losing battle, as they did with Justice Brett Kavanaugh’s 2018 confirmati­on, Democrats want to raise the pressure on Republican­s by focusing on how a conservati­ve supermajor­ity of justices might affect Americans’ everyday lives.

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