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Barrett Has Actually Criticized Ruling To Uphold Affordable Care Act, Claiming That If Justices Read Law, They Would “Have Had To Invalidate” In Entirety 

Justice Ginsburg’s Dying Wish Was That She Not Be Replaced Until A New President Is Installed; Confirming Barrett Would Tear Down All Things Ginsburg Fought For 

Schumer: On Behalf Of Healthcare Rights & So Many More, I Will OPPOSE This Nomination 

Standing with local families that have pre-existing health conditions themselves or care for those who do, U.S. Senator Charles Schumer said today that many families have deep worry about Amy Coney Barrett on the U.S. Supreme Court. Schumer said a vote for Barrett is a vote to actually eliminate healthcare for millions of Americans amid a pandemic.

“Since he took office, President Trump has been on a malign mission to dismantle our healthcare system and turn back the progress we’ve made to deliver health coverage and care to millions of people, no matter what kinds of pre-existing conditions they might have, and now he could finally get his way,” said U.S. Senator Charles Schumer. “The American people should make no mistake—a vote by any Senator for Judge Amy Coney Barrett is a vote to strike down the Affordable Care Act and eliminate protections for millions of Americans with pre-existing conditions. By nominating Judge Amy Coney Barrett to the Supreme Court, President Trump has once again put Americans’ healthcare in the crosshairs.”

Standing with Senator Schumer today was Renee Saltzman and her daughter Emilié, who had a tragic horseback riding accident five years ago at the age of 7. As a result of the accident, Emilié was diagnosed with a severe traumatic brain injury (TBI) and associated hemorrhage. She has since gone through an extensive recovery and rehabilitation period, but she continues to follow-up with doctors as new problems can occur with traumatic brain injuries, such as seizures. Her family continues to be concerned for their own child and millions of other kids who are either born with conditions or later develop them.

Also standing with Senator Schumer is Josh Fyman, whose daughter Penny has Aicardi Syndrome, a congenital neurological disorder that severely impacts her physical and cognitive abilities. She needs a wheelchair, a G-tube, and oxygen because she often gets respiratory illnesses including pneumonia. Penny also has seizures, which need to be monitored constantly. “The ACA helps Penny get the therapies and equipment that not only help her live, but make her comfortable, keep her out of pain, and give her the quality of life every child deserves,” Mr. Fyman has said.

Schumer explained that healthcare protections for both Penny and Emilié are at stake with the nomination of Amy Coney Barrett to the Supreme Court and the pending case regarding the ACA.

“These families have been fighting for other families—the sick and the healthy—because they know each and every one of us is just one diagnosis away from a pre-existing condition,” said Schumer.

Schumer detailed how Amy Coney Barrett has already criticized the ruling upholding the Affordable Care Act (ACA), claiming that a reading of the law should ‘invalidate’ it entirely. Schumer also detailed other rights now hanging in the balance with the nomination of Amy Coney Barrett to the bench and how everyday New Yorkers and Americans overwhelmingly want the Senate to honor Justice Ginsburg’s dying wish that she not be replaced until a new president is installed. Finally, Schumer will reiterate: he will oppose the nomination of Amy Coney Barrett to the U.S. Supreme Court.

“Judge Barrett strongly criticized the ruling to uphold the Affordable Care Act, claiming that if Justices read the law the way she does, they would ‘have had to invalidate’ the entire health care law. Her record also makes clear that if she is confirmed, the reproductive freedoms that millions of women hold dear would be in grave danger. Should Judge Amy Coney Barrett be confirmed, a far-right majority on the court could also turn back the clock on women’s rights and a woman’s right to choose, workers’ rights, voting rights, civil rights, LGBTQ rights, environmental protections and more. The future for DACA recipients also hangs in the balance with this nominee,” Schumer added.

According to HHS, a large fraction of non-elderly Americans have pre-existing health conditions. Without the ACA, as many as 51 percent (133 million people) could have been denied coverage, or offered coverage only at an exorbitant price, had they needed individual market health insurance before 2014. Under the Affordable Care Act, these Americans cannot be denied coverage, be charged significantly higher premiums, be subjected to an extended waiting period, or have their benefits curtailed by insurance companies. As many as 82 million Americans with employer-based coverage have a pre-existing condition, ranging from life-threatening illnesses like cancer to chronic conditions like diabetes, asthma, or heart disease. Without the Affordable Care Act, such conditions limit the ability to obtain affordable health insurance if they become self-employed, take a job with a company that does not offer coverage, or experience a change in life circumstance, such as divorce, retirement, or moving to a different state. Older Americans between ages 55 and 64 are at particular risk: 48 to 86 percent of people in that age bracket have some type of pre-existing condition. And 15 to 30 percent of people in perfectly good health today are likely to develop a pre-existing condition over the next eight years, severely limiting their choices without the protections of the Affordable Care Act.

A “pre-existing condition” is a health condition that exists before someone applies for or enrolls in a new health insurance policy. Insurers generally define what constitutes a pre-existing condition. Some are obvious, like currently having heart disease or cancer. Others are less so – such has having asthma or high blood pressure, CMS has said.