https://www.nationalreview.com/corner/no-judge-barrett-did-not-criticize-the-affordable-care-act/?utm_source=
Democrats are continuing their disingenuous strategy of framing Judge Amy Coney Barrett as President Trump’s stealth weapon, being rushed onto the Supreme Court by Republicans in order to kill Obamacare in a case the Court is scheduled to hear arguments in on November 10 (see my earlier post). In this vein, Senator Chris Coons (D., Del.) posits that Barrett has publicly criticized the Affordable Care Act.
This is false.
As a judge, Barrett has not ruled on Obamacare. As a scholar, she has taken the firm position that a judge’s important but modest role is to say what the law is, not to formulate public policy. The best prediction of her position on legislation, therefore, is that its policy direction is for Congress to decide; the judge’s narrow role is to ensure that enacted law complies with constitutional requirements, regardless of its political or ideological bent. That, for what it’s worth is why I’ve predicted (see the earlier post) that neither Judge Barrett nor any of the eight justices currently sitting on the Court (including its four conservatives, two appointed by President Trump) would vote to invalidate Obamacare.
Senator Coons is apparently referring to an article – actually, a book review, “Countering the Majoritarian Difficulty” – that Judge Barrett, as a Notre Dame Law School professor, wrote for a scholarly publication of the University of Minnesota Law School in 2017. The article was not specifically about Obamacare. Instead, it arose out of a roundtable discussion in which several academics discussed Our Republican Constitution, an excellent, provocative book by Randy Barnett, a superb law professor at Georgetown.