Over the weekend, President Trump nominated Amy Coney Barrett to replace Justice Ruth Bader Ginsburg. In response, Vice President Joe Biden has pointed toward the efforts of Barrett against the Affordable Care Act.

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“She has a written track record of disagreeing with the U.S. Supreme Court’s decision upholding the Affordable Care Act,” Biden said in his statement. “She critiqued Chief Justice John Roberts’ majority opinion upholding the law in 2012.”

“From day one, President Trump made clear that he had a litmus test for Supreme Court Justices — destroy the Affordable Care Act’s protections for people with preexisting conditions and overturn our right to make our own health care decisions,” Senator Kamala Harris said in her statement.


The late September nomination comes at a time that isn’t customary in America’s political history. Never in the history of our nation has a Supreme Court Justice been nominated and installed while a presidential election is ongoing. In addition, before Justice Ginsburg paced, she told her granddaughter, “My most fervent wish is that I will not be replaced until a new president is installed.”

The nomination defies precedent and expectation of the nation and continues the effort of Trump to upend the Affordable Care Act, an effort he has put forth during his entire term.