September 27, 2020
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2:20
1:55Now PlayingDemocratic presidential candidate Joe Biden says the fate of the Affordable Care Act is at stake with President Donald Trump's nomination to the Supreme Court.
Biden says voters know the "very soul of this country is at stake."
"They know that the decisions of the Supreme Court affect their everyday lives," he added Sunday.
The former vice president sidestepped any talk of expanding the court to counter conservative gains should he defeat President Donald Trump in November and Democrats regain a Senate majority.
Biden called that scenario a distraction from the practical effects that Trump's nominee, conservative federal Judge Amy Coney Barrett, could have if she succeeds the late liberal Justice Ruth Bader Ginsburg.
"Never before in our nation's history has a Supreme Court justice been nominated and installed while a presidential election is already underway. It defies every precedent, every expectation of a nation where the people, the people are sovereign and the rule of law reigns," he said.
Biden repeated his calls that the Senate delay confirmation proceedings until after the Nov. 3 election, moving ahead then if Trump wins another term or awaiting a nomination from Biden if the Democrat prevails.
The focus on health care reflects the Democrats' larger strategy in recent days.
They tacitly concede Republicans are likely to confirm Barrett, giving conservatives a 6-3 court majority.
So, rather than fight a losing battle, as they did with Justice Brett Kavanaugh's 2018 confirmation, Democrats want to raise the pressure on Republicans by focusing on how a conservative supermajority of justices might affect Americans' everyday lives.
Justices are scheduled on Nov. 10, a week after Election Day, to hear another challenge of the 2010 health care law.
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