CHARLESTON, W.Va. — U.S. Sen. Joe Manchin, D-W.Va., says while Supreme Court nominee Amy Coney Barrett’s judicial experience and knowledge are “impressive,” he is concerned about what confirming her to the bench could mean for former President Barack Obama’s health care law.
Manchin met with Barrett on Thursday, the first Senate Democrat to have discussions with the nominee. Manchin was one of three Democrats who voted in November 2017 to confirm Barrett to the 7th Circuit Court of Appeals.
The Supreme Court has scheduled oral arguments on the health care law for Nov. 10, a week after Election Day. The court is considering a legal challenge brought by the Justice Department and 18 state attorneys general, including West Virginia’s Patrick Morrisey, in which the plaintiffs argue the law is unconstitutional because Congress reduced the individual mandate to zero in the 2017 tax law.
Barrett, in a 2017 academic article, criticized the court’s 2012 ruling upholding the health care law; she wrote Chief Justice John Roberts “pushed the Affordable Care Act beyond its plausible meaning to save the statute.”
Manchin said in a statement Friday that Barrett offered no contrast to her past views during their discussion.
The senator has spoken against confirming a justice before Nov. 3, stressing the Senate lacks time to properly vet a nominee.
“In the history of our country, a Supreme Court justice has never been confirmed this close to a presidential election,” he said Friday. “Mitch McConnell’s unprecedented rush for confirmation is fanning the flames of division at a time when Americans are deeply divided. I oppose this process and breaking the precedent that we have adhered to for more than 240 years.”
Sen. Shelley Moore Capito, R-W.Va., met with Barrett on Wednesday. Capito told reporters Barrett will consider all arguments regarding the health care law’s legality.
As for Morrisey, he signed a letter with 21 other attorneys general supporting the nomination.
“Judge Barrett is a distinguished legal scholar and an exceptional appellate judge with a track record of interpreting the Constitution according to its text and original public meaning,” the attorneys general wrote. “As we are sure your review of her exemplary record will reveal, she has the qualifications, experience, and judicial philosophy to be an outstanding Associate Justice.”
The Senate Judiciary Committee has scheduled to start proceedings regarding the nomination on Oct. 12.