Democrats so far have focused on the risk that Amy Coney Barrett poses to the Affordable Care Act. This is completely understandable as electioneering. The ACA was one of their best issues in 2018, and it will be again this year. But . . . By focusing narrowly on the ACA, the Democrats are missing an opportunity to educate the public more broadly on the role of the Court and the danger posed by a highly conservative and partisan set of Justices. The Court is a threat to all of the Democrats top legislative priorities and to voting and election reform. In addition, the ACA challenge the Justices will hear in November is probably not going to succeed, in part because it is extraordinarily weak, and in part because preserving the ACA will defuse any
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Eric Kramer considers the following as important: law, politics
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Democrats so far have focused on the risk that Amy Coney Barrett poses to the Affordable Care Act. This is completely understandable as electioneering. The ACA was one of their best issues in 2018, and it will be again this year. But . . .
By focusing narrowly on the ACA, the Democrats are missing an opportunity to educate the public more broadly on the role of the Court and the danger posed by a highly conservative and partisan set of Justices. The Court is a threat to all of the Democrats top legislative priorities and to voting and election reform. In addition, the ACA challenge the Justices will hear in November is probably not going to succeed, in part because it is extraordinarily weak, and in part because preserving the ACA will defuse any momentum for a political challenge to the conservative majority on the Court, and the Justices know this.