Virtually every Democrat and their supporters in the MSM is arguing that declaring ObamaCare (ACA) unconstitutional would take health insurance away from 180 million people. They all predict that Amy Coney Barrett (ACB) will be the deciding vote necessary to overturn ACA.
None of this is true. It is a bald-faced lie. If the ACA is overturned, no one will lose health insurance. That is because they are insured by policies that will remain in effect. In addition, there is an assumption that ACB would be the crucial tie breaking vote. That is absurd. If she is not on the court, there are three options.
- ACA will be overturned. In that case it would require a five to three vote, where Judge Roberts would vote to overturn with the support of the conservative judges on the court. If that happens, the ACA is overturned.
- It will be a tie vote, where Roberts votes with the liberal judges resulting in a tie. If that happens the decision made by the lower courts takes effect. If that happens, the ACA is overturned.
- Some of the conservative judges will join with Roberts to preserve ACA. In that case ACA would continue, probably with some restrictions.
If ACB joins the court and she votes with the majority that just means a 6–3 vs 5-4 decision. If there is a tie vote, and ACB and concurs with the conservative judges, resulting in a 5-4 decision, which will have the exact same result as scenario 2 above. If ACB joins the liberal judges and Roberts to keep ACA, then the ACA will be upheld.
The result is that if ACB joins the court there is zero chance she will be the deciding vote to overturn ACA. She could, however, be the deciding vote to uphold ACA. In other words, this is not only a big lie, it is incredibly stupid. One would think that at least one Democratic Senator would figure this out or that one major reporter in the mainstream media would get it. However, only Brett Hume from Fox News has pointed out the obvious. Predictably, this is ignored by everyone else.
The result is that for the next 14 days, we will see a massive amount of coverage, trying to terrify people, based on a bald-faced lie that is totally unsupported by any evidence or facts. That, of course, will not stop the usual suspects from arrogantly lecturing the rest of us while either ignoring or failing to acknowledge what is patently obvious. Sadly, this is not only expected, it is increasingly typical.