The Senate’s top Democrat on Sunday called for Amy Coney Barrett to recuse herself from some of the Supreme Court’s most significant cases should she be confirmed.

Senate minority leader Chuck Schumer (D-N.Y.) said Barrett “doesn’t come unbiased” on issues like the repeal of the Affordable Care Act or the legitimacy of November’s presidential election — and argued it would be unethical for her to rule on cases regarding either matter.

If Barrett is confirmed to the court before the Nov. 3 election, she’ll be able to weigh in on California vs. Texas, which could determine the constitutionality of the ACA’s mandate for the vast majority of Americans to have health insurance or else face a tax penalty.

“We know that Justice Barrett’s previous record and public statements indicate she would vote to strike down the ACA and protections for millions of Americans,” Schumer said at a news conference, adding that a vote to confirm President Trump’s SCOTUS nominee is ultimately “a vote for an activist judge whose mission is to implement a deeply unpopular, hard right Republican agenda that will undercut the rights and safety of Americans.”

A copy of Barrett’s prepared opening remarks for her Senate confirmation hearing Monday promote an “originalist” view of the Constitution, and reflect sentiments supported by late Supreme Court Justice Antonin Scalia, for whom Barrett previous clerked.

Schumer said Barrett’s statement does little to damper concerns about her perceived biases — and also warned her appointment to the court could keep Trump in the White House for four more years even if he does not win November’s election.

“The president is all but shouting from the rooftops that he needs Judge Barrett on the court for his own interest,” said Schumer. “It’s no surprise that President Trump is looking to rush this nomination through to the highest court in the land.”

“There’s only on conclusion when it comes to Judge Barrett in regards to her voting on repealing ACA and on deciding the legitimacy of the presidential election: Recusal,” Schumer added.


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