Nomination of Amy Coney Barrett

Floor Speech

BREAK IN TRANSCRIPT

Ms. ROSEN. Mr. President, I rise because the healthcare of millions of Nevadans and tens of millions of Americans is in danger. Their healthcare is in danger because, in just a few weeks, the Supreme Court will consider a case that could overturn the Affordable Care Act completely. This means that the next Supreme Court Justice will decide whether individuals with preexisting conditions could, once again, be denied healthcare coverage.

The fact is, this administration has tried for years to overturn the Affordable Care Act. First, it attempted to repeal the ACA through legislation. It failed repeatedly because Congress and the American people do not support its schemes to take away our healthcare. Then it changed its strategy and is trying to use the Court to dismantle our Nation's healthcare system.

Now, with an election just 1 week away, the Senate Republicans are scrambling to confirm a new Supreme Court Justice in order to tip the balance of the Court in favor of their lawsuit that aims to destroy the Affordable Care Act. Rather than waiting for the outcome of the election, which is already underway, and follow the precedent that they themselves established in 2016, the McConnell rule, my Republican colleagues are rushing to put Judge Amy Coney Barrett on the Bench.

Not only does Judge Barrett support the President's position on dismantling our Nation's healthcare law, but, if confirmed, she could very well be the deciding vote to undo the Affordable Care Act and take healthcare away from millions of Americans. Judge Barrett's hostility toward the Affordable Care Act is on the record, and we have seen a long and extensive paper trail outlining her opposition to the ACA. Her past comments, well, they paint a bleak picture of what the Affordable Care Act's future would look like with a Justice Barrett on the Bench.

To put it simply, this administration's attempt to use the Court to take away Americans' health insurance and raise the cost of care, especially at this moment--during a global pandemic--is not only cruel and reckless, it is deadly.

I have met many Nevada families, and I have heard stories from men, women, and children whose lives would be just devastated without the Affordable Care Act: cancer survivors, people with diabetes, asthma, cystic fibrosis, and countless other preexisting conditions that affect families. These are real Nevadans whose healthcare would be jeopardized if the ACA were no longer the law of the land.

I always tell my constituents that I carry their stories with me to Washington. They inform the actions that I take and the decisions that I make. I want to take some time to share some of the stories that I have heard--stories from Nevadans whose lives have been saved and who enjoy the quality of life because of the Affordable Care Act; stories from Nevadans who are outraged about what is happening and have reached out to my office to make their voices heard; and countless stories of how allowing the ACA to be dismantled would impact their lives.

First, I want to share a letter from Jen, who lives in Henderson, NV. Jen's husband is one of the 1.2 million Nevadans who is estimated to be living with a preexisting condition. Like many people, Jen is worried about the health of her husband and the future of her family if the Affordable Care Act is eliminated.

Here is what Jen wrote:

Dear Senator Rosen, I am watching the confirmation hearing for Amy Coney Barrett, and listening to the conversation around the ACA. I'm scared to death that it will be overturned, and what that means for me and my husband. In February 2019, at only 38, he had a devastating stroke, and had to stay in the hospital for four months. If he hadn't had insurance, we would never have been able to afford his care. I'm scared of losing that protection from pre-existing conditions. He will need specialists for the rest of his life, as well as physical, occupational, and speech therapy. We cannot afford his care otherwise. I am so scared. Please help.

Unfortunately, Jen's situation and concerns are far too common. Many Nevadans and Americans across our country are worried about a future where they could lose their lifesaving coverage.

Here is another letter from a Nevadan who lives in Spring Creek who is worried about his own continued healthcare without the protections the ACA provides:

I have had asthma my whole life and it's severe. I finally have good insurance and need it desperately. This will affect millions of us. I have lived through not having insurance and it almost killed me. The insurance companies at that time were asking for premiums higher than what I made.

Nevadans across the State are absolutely terrified about the possibility of losing care because of this nomination.

I received a letter from a brave Nevadan who lives in Minden, which is a small town in the western part of our State. She wanted to share with me her health struggles and her fears for the future. She said this:

I have been fighting a rare, aggressive form of breast cancer for the past 4 years and still have numerous surgeries to undergo as part of my ongoing battle against this devastating disease. I worry about how the loss of the preexisting conditions protection would adversely affect my treatment plan, my everyday financial security, and my ability to get health insurance in the future should I lose what I currently have.

The Affordable Care Act has opened the door to healthcare for Nevadans all over my State, in communities big and small. These are real people with real struggles and real families who desperately want the best possible care for their loved ones. That is all. They want the best care for their loved ones. Don't we all want that?

What is at stake here is life or death for far too many Nevadans and too many Americans across this country. Assuring the health of our loved ones should be an essential, basic, human right.

It is thanks to the Affordable Care Act that more than 200,000 Nevadans get coverage through the ACA's expanded Medicaid Program. It is thanks to the Affordable Care Act that over 77,000 Nevadans have coverage through the Nevada Health Link insurance exchange, and it is thanks to the Affordable Care Act that over 19,000 Nevadans under the age of 26 get to remain covered through their parents' health insurance plans.

All of these people--that is 1 in 10 Nevadans--could lose their health insurance if the Supreme Court overturns the ACA.

All of them could face overwhelming costs and denials of the care they both need and deserve.

Not to mention, it is thanks to the ACA that there are an untold number of people who can still get coverage because insurance companies can no longer put lifetime caps on their healthcare coverage. Before the ACA, an insurance company could limit how much they would pay for your medical bills over your lifetime.

One constituent from Las Vegas voiced her concerns that without ACA protections, we would see a return of lifetime caps on coverage.

She said this:

I am concerned about the potential elimination of the Affordable Care Act. In addition to the potential elimination of preexisting conditions, no one seems to address the issue of lifetime limits, which were eliminated under the ACA.

For those with long-term illnesses, they stand to risk loss of medical insurance while battling catastrophic illnesses.

My husband has been battling colon cancer for several years. If the lifetime limit were to be reinstated, we would no longer be covered for any of his chemo or other cancer- related treatments.

I am sure that the insurance companies would jump at the chance to stop coverage for those with extraordinarily high medical expenses.

The American people? Well, they want us to protect their care. The American people want us to protect them. They do not want to see the Affordable Care Act eliminated.

The fact is, our healthcare coverage is better now than it was before the ACA was enacted. Insurance plans now have to cover those 10 essential health benefits, and we have fought hard against junk plans that claim to provide coverage but aren't there when you need them the most.

In addition to that, many middle-income Nevadans can access affordable care because of the much needed tax credits that the ACA provides.

I have spoken with and heard from countless Nevadans, and I can say with certainty that no issue matters more to people of my State than their health and safety and the health of their loved ones.

The Affordable Care Act has not only given families the peace of mind that comes with quality health coverage, but it has literally saved lives.

Without the critical protections the ACA provides, we risk going back to the days when big insurance companies could deny insurance coverage based on preexisting conditions. Repealing the Affordable Care Act would have dire consequences for hard-working Nevada families and families across our country.

Healthcare shouldn't be a partisan issue. We have an obligation to protect the health of our constituents. We need access to healthcare more now than ever, and taking critical protections away from Nevadans would be a disaster for our State, and it would be a disaster for our country

I heard from another constituent, Carol, who lives in Pahrump, who highlighted the risk of this nomination during the current challenges our Nation faces due to the pandemic.

Carol wrote to me, saying this:

Our country is in a public health crisis right now, one that gets worse by the day.

In this moment, we need our legislators to protect our families, to provide relief and support, to do the job we elected them to do.

We do not need to rush through the nomination of a Supreme Court Justice who is on the record as hostile to the law that provides our healthcare protections.

Well, Carol is right to point out that we are in the middle of a catastrophic pandemic that has left more than 225,000 Americans dead. Not only that, but this pandemic could put millions of Americans at risk of being denied coverage because of a new preexisting condition-- COVID-19. Just imagine being someone who suffered through even a mild case of COVID-19, only to have their coverage taken away because of this new preexisting condition.

Just this week, we are seeing the highest positivity rates across the country we have seen thus far. Instead of developing a clear, national strategy for combating the coronavirus or crafting comprehensive legislation to assist Americans in need of a lifeline during this difficult time, this administration and Senator McConnell seem to be preoccupied with rushing through a Supreme Court nominee who is outwardly hostile to the Affordable Care Act.

Since coming to Congress, I have made it my mission not only to preserve the Affordable Care Act but to expand care for all Americans. I have worked to increase access, lower costs, and improve quality of care. In fact, one of my first actions as a Senator was to join my colleague Senator Joe Manchin in introducing legislation to demand that the Senate intervene to defend the Affordable Care Act in court.

Instead of joining me and my colleagues and working to protect Americans' health, this administration is too busy playing politics with people's lives and is singularly focused on taking away your care, my care, our care.

Our healthcare is at stake. Our lives are at stake.

Before the Senate confirms a lifetime appointment to our Nation's highest court, the American people's vote should be counted and their voices should be heard. This is how the American people feel.

A constituent who lives in Reno wrote to me saying that ``President Trump has promised to appoint justices who will overturn Roe v. Wade and undermine access to healthcare--certainly not what I want. And not what the majority of your constituents want.''

He continues:

The election is already underway and we should be given the power to decide which President nominates someone for this seat. The Senate should be focused on addressing the COVID-19 crisis, not fast-tracking a Supreme Court nominee.

We are only 9 days away from an election, but let's be clear. The election has already started, and millions of Americans all across our country have already cast their ballot. They have mailed in their ballots, and early voting is happening in many places as we speak, including my home State of Nevada.

We should allow the American people to have their say at the ballot box before the Senate considers a lifetime appointment to the Supreme Court--one that will determine the future of access to quality, affordable healthcare in the United States for everyone.

I am sure that other Senators--well, they are hearing the same stories from their constituents like the ones I have shared today, and I truly hope that my colleagues really listen to them; that they really hear the pain, the anguish, and the anxiety that so many Americans are feeling right here in this moment. Their lives, their healthcare--they are going to be directly impacted by our decisions.

I will not support the nomination of a Supreme Court Justice who does not support the Affordable Care Act.

BREAK IN TRANSCRIPT

Source