Nobody Should Expect Amy Coney Barrett to Strike Down Obamacare

Judge Amy Coney Barrett, President Donald Trump’s nominee for the U.S. Supreme Court in the Capitol, Washington, D.C., September 29, 2020 (Demetrius Freeman/Reuters)
All the hue and cry over what her nomination might mean to Obamacare is empty talk.

NRPLUS MEMBER ARTICLE E ver since Ted Kennedy’s “Robert Bork’s America” speech in 1987, Democrats have talked about the Supreme Court as if it were a legislature that should be judged solely on whether or not it gives their desired policy outcomes. The actual written Constitution and laws that the Court interprets are, to them, merely window-dressing. Their latest argument, which we should expect to hear a lot of at Amy Coney Barrett’s confirmation hearings, is that Judge Barrett should not be confirmed because she will strike down Obamacare in the middle of a pandemic.

This is a pretense. I discussed previously why Democrats want

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