Barrett, Obamacare, and Severability . . . Again

Judge Amy Coney Barrett speaks during the third day of her Senate confirmation hearing on Capitol Hill in Washington, D.C., October 14, 2020. (Michael Reynolds/Reuters)
Democrats don’t have much chance of derailing Barrett’s nomination, so they might as well use the high-profile hearings to campaign.

NRPLUS MEMBER ARTICLE C learly, a big issue in Day Two of the Barrett confirmation hearings is the Obamacare case before the Supreme Court. Judiciary Committee chairman Lindsey Graham (R., S.C.) began the day by drawing out the nominee, Judge Amy Coney Barrett, on the Court’s doctrine of severability.

Here’s why it’s important.

Democrats are claiming that President Trump and Republicans are trying to rush Judge Barrett onto the Court in time for her to rule on Texas v. California, a challenge to the Affordable Care Act that the justices will hear on November 10 — a week after Election Day. As I’ve repeatedly observed, it

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