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Senate Minority Leader Chuck Schumer said if Amy Coney Barrett is confirmed as President Trump’s nominee to the Supreme Court, she should recuse herself from hearing cases involving the Affordable Care Act or the 2020 presidential election.
“It is clear that Judge Barrett would strike down the Affordable Care Act that has delivered quality and affordable health care to millions of Americans with pre-existing conditions, and that President Trump thinks he needs her on the high court to help him win re-election,” Schumer (D-NY) said during a news conference Sunday. “With these serious conflicts of interest, Judge Barrett must immediately do the bare minimum and pledge to recuse herself from decisions involving the ACA and the 2020 election.”
Schumer, speaking on the eve of Barrett’s confirmation hearing beginning in the Senate Judiciary Committee, pointed out that the judge in a 2017 law review article suggested the high court’s decision to uphold the ACA was illegitimate.
The court is expected to hear arguments on the ACA Nov. 10 — a week after Election Day.
“President Trump has explicitly stated he would look for judicial nominees who are hostile to the Affordable Care Act. It should come as no surprise that President Trump is looking to rush through the confirmation of Judge Amy Coney Barrett to the highest court in the land. Based on her record, it is clear Judge Barrett passed the Trump litmus test when it comes to our health care law,” Schumer said.
The Democrat also said the president is pushing to get Barrett in place on the court so she could rule on any cases involving voting challenges.
The president has maintained that plans for the use of mass mail-in ballots will lead to widespread fraud and result in a legal battle before the Supreme Court.
He wanted to fill the vacancy left by the death of Justice Ruth Bader Ginsburg and have a nine-member court in place before the election.
“This scam will be before the United States Supreme Court and I think having the four-four situation is not a good situation if you get that,” Trump said last month. “I don’t know that you’d get that. I think it should be eight-nothing or nine-nothing. But just in case it would be more political that it should be, I think it’s very important to have a ninth justice.”
With Barrett’s confirmation, the court would have a 6-3 conservative majority.
“This is clear-as-day serious conflict of interest for Judge Barrett, and it is just sinister of the president to be plotting in this way,” Schumer said.
Trump blasted Schumer Monday morning on Twitter for his demand that Barrett recuse herself from particular cases.
“He should have been prosecuted for the threats he made to the Justices. Pathetic!,” Trump wrote, linking to a post by conservative commentator Mark Levin pointing out other similar statements by Schumer aimed at Justices Brett Kavanaugh and Neil Gorsuch.
Schumer, speaking on the steps outside the high court in March, warned the two justices they would “pay the price” if they restricted abortion rights.
“I want to tell you, Gorsuch, I want to tell you, Kavanaugh, you have released the whirlwind, and you will pay the price,” Schumer said. “You won’t know what hit you if you go forward with these awful decisions.”
