Democrats on Sunday lamented Judge Amy Coney Barrett's nomination to the Supreme Court, saying it could be a death knell for the Affordable Care Act while suggesting there's little they can do to halt the confirmation process.
Speaking with ABC's "This Week," Sen. Dick Durbin, D-Ill., said Democrats "can slow it down perhaps a matter of hours, maybe days at the most, but we can't stop the outcome."
Durbin, a member of the Senate Judiciary Committee, took Senate Majority Leader Mitch McConnell, R-Ky., to task for promising to quickly move Barrett through the confirmation process while finding "no time to attend the negotiating on the coronavirus relief package that we need to put together for the pandemic facing our country, for the unemployed people, for the businesses."
"Senator McConnell refused to attend those meetings, didn’t have time to do it. And yet when this vacancy occurred, he dropped everything," he said. "Now we're going hell-bent on getting this done before the election."
With Republicans holding a 53-to-47 majority in the Senate, four Republicans would need to cross party lines to prevent a vote ahead of the election. Two moderate Republican senators announced their opposition to a pre-election vote, but because McConnell eliminated the filibuster for Supreme Court nominees in 2017, Republicans need just 50 votes plus a tiebreaker cast by Vice President Mike Pence to confirm Barrett.
It appears highly unlikely any additional Republicans aside from Sens. Lisa Murkowski, R-Alaska, and Susan Collins, R-Maine, will come out against a pre-election vote.
Senate Minority Leader Chuck Schumer, D-N.Y., did not seem as resigned to the inevitability of Barrett's confirmation as his colleague, telling voters at a Sunday press conference that they need to inundate senators' offices with phone calls.
"We can stop this nomination," Schumer said, "if the people rise up and say no."
Some on the left have floated expanding the Supreme Court if Democrats retake the White House and Senate this fall, but Sen. Joe Manchin, D-W.V., told CNN"s "State of the Union" he would not support such a move.
"I'm not going to vote for anything that would cause basically not to be able to work in a bipartisan way," he said. "That is not something that I would support. I can't support that."
Democrats have accused Republicans of hypocrisy for rushing through the nominee with mere weeks until Election Day while Republicans in 2016 refused to hold even a hearing on former President Barack Obama's nominee, Judge Merrick Garland, months before the election, saying the decision should be made by the voters.
McConnell and other Republicans have defended the about-face by saying that, unlike in 2016, one party controls both the White House and Senate.
"We clearly see the Republicans have shown the height of hypocrisy," Sen. Cory Booker, D-N.J., told NBC's "Meet the Press" Sunday. Asked on "Meet the Press" if he is concerned his party will look hypocritical, Sen. Roy Blunt, R-Mo., said, "the voters will have to look at that and decide."
Democrats focused their ire with Barrett's selection on the future of the Affordable Care Act, which is set to face the Supreme Court just a week after Election Day. Barrett, who has criticized past judicial decisions upholding that law, could become the swing vote in deciding the law's future.
On Sunday, Trump himself opined on that possibility, tweeting: "Obamacare will be replaced with a MUCH better, and FAR cheaper, alternative if it is terminated in the Supreme Court."
"Would be a big WIN for the USA!" the president said.
The president has repeatedly pledged to announce a replacement plan for what has become known as Obamacare — but has not produced any such plan, though he recently offered a healthcare "vision." In 2017, Republican attempts to repeal and replace the law failed.
"What I am concerned about is anyone that President Trump would have appointed was there to undo the Affordable Care Act," House Speaker Nancy Pelosi, D-Calif., told "State of the Union." "That is why he was in such a hurry."
Pelosi warned that should the healthcare law be killed, the electoral consequences for Republicans would be severe.
"The antidote to his— whatever he does— is to vote, vote, vote," she said. "Vote for affordable care, vote for your preexisting condition, vote for your safety, and vote for your health."
Democrats also zeroed in on Trump this week declining to commit to a peaceful transfer of power should he lose this fall. Those comments came after Trump said he wants to have the next Supreme Court justice confirmed ahead of the election so nine justices could rule on election issues.
"I think this will end up in the Supreme Court, and I think it's very important that we have nine justices, and I think the system's going to go very quickly," Trump said, adding that "having a 4-4 situation is not a good situation."
On "This Week," Durbin called Trump the first president "in the history of this country, who would not declare that he would accept the verdict of the American people on the future leadership in the White House."
"He said he wants that court to be full," Durbin added. "He wants nine members there, and obviously the inference is he’s going to need some supporters if there’s an election contest."
On "Meet the Press," Booker said he wants to ask Barrett "will she recuse herself" from such potential election-related decisions should she be confirmed.
"Because if she does not recuse herself, I fear that the court will be further delegitimized," he said. "Because President Trump has said, I will not accept the result of the election unless I win. I will push it to the Supreme Court."
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