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Morning Briefing

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Tuesday, Oct 27 2020

Full Issue

Justice Barrett Sworn In At Packed Gala That Mimicked Superspreader Event

The Supreme Court has returned to nine justices after Amy Coney Barrett was confirmed Monday by a 52-48 vote in the Senate. Friends and political allies of President Trump gathered on the South Lawn of the White House for the swearing-in. Many wore masks, although some — including Trump and Barrett — did not. Barrett's quick ascension means she will be seated in time to hear oral arguments in California v. Texas, a case that could determine the fate of the ACA.

Modern Healthcare: Senate Confirms Barrett To Supreme Court In Time For ACA Arguments

The Senate confirmed Judge Amy Coney Barrett to the Supreme Court on Monday evening, in time for oral arguments on an Affordable Care Act case on Nov. 10. Barrett, a former judge on the U.S. Court of Appeals for the 7th Circuit, was confirmed 52-48 without Democratic support. The full Senate vote comes a month after Barrett's nomination was announced at the White House on Sept. 26. The vote means Barrett will be seated in time for both the November election and for the court to hear oral arguments in California v. Texas, a case that could determine the fate of the ACA. (Cohrs, 10/26)

The Washington Post: Senate Confirms Amy Coney Barrett To Supreme Court, Cementing Its Conservative Majority 

Barrett solidifies a 6-to-3 conservative majority on the court and will be in a position to immediately hear contentious cases on elections and health care. A centerpiece of the Democrats’ strategy against Barrett was the pending case on the fate of the Affordable Care Act, set for oral arguments at the Supreme Court on Nov. 10. The Trump administration and Republican attorneys general argue that the entire 2010 health-care law and its protections for millions of Americans with preexisting medical conditions should be invalidated. (Min Kim, 10/26)

The Washington Post: Trump, Biden Both Campaign In Pennsylvania As Supreme Court Pick Confirmed 

After being sworn in Monday night, Barrett delivered remarks to the assembled crowd, an unusual move for a new Supreme Court justice. She spoke at length about the importance of judicial independence, saying "it is the job of a judge to resist her policy preferences. It would be a dereliction of duty for her to give in to them.” (Sonmez, Wagner and Firozi, 10/26)

The Washington Post: Angry Democrats Try To Focus On Health Care As They Watch Barrett Confirmation 

Democrats ended their opposition to the nomination of Judge Amy Coney Barrett exactly as they began it 30 days ago, warning that her confirmation as a Supreme Court justice could overturn the Affordable Care Act. They focused their final speeches Monday on warning voters that millions would suffer if the ACA were tossed aside, choosing to make a political argument rather than going down the rabbit hole of fighting process issues that do not resonate with many voters. (Kane, 10/26)

Also —

AP: Barrett Swearing-In Differs Markedly From 'Superspreader'

This time they mostly wore masks. It’s been only a month since President Donald Trump’s Rose Garden event to announce he was nominating Amy Coney Barrett to serve on the Supreme Court. That packed celebration for friends and allies of the president and his high court nominee turned into a coronavirus superspreader event. When the just-confirmed Barrett returned to the White House on Monday to take her constitutional oath, the celebration was moved to the broader South Lawn, chairs for more than 200 guests were spread about 6 feet apart, and the mask-wearers greatly outnumbered those who declined to cover their faces. (Madhani and Jalonick, 10/27)

The New York Times: In Swearing In Barrett, Trump Defiantly Mimics ‘Superspreader’ Rose Garden Ceremony 

President Trump, who loves to boast of doing anything his predecessors have never done, pulled off such a historic first on Monday. He won confirmation of a Supreme Court justice only eight days before a presidential election, rushing his choice through the Senate before voters decide whether to give him four more years or kick him out of office. Mr. Trump then did something else no other president has done. He hosted a nighttime ceremony on the White House lawn to swear in Justice Amy Coney Barrett in a virtual do-over of the superspreader event blamed for infecting multiple people with the coronavirus a month ago to the day, including the president himself, who was forced to spend three nights in the hospital. (Baker, 10/26)

The Hill: Murkowski Predicts Barrett Won't Overturn Roe V. Wade 

Sen. Lisa Murkowski (R-Alaska) just before the Senate vote to confirm Amy Coney Barrett to the Supreme Court predicted the Trump nominee will not vote to overturn Roe v. Wade, the landmark case establishing a right to an abortion, once she is on the Supreme Court. “I don’t see her overturning the decision in Roe v. Wade, based on — based on the weighting of the reliance factors,” Murkowski, a GOP moderate who is voting for Barrett, said Monday evening. (Bolton, 10/26)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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