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The Hill: Supreme Court Could Threaten A President Biden’s Unconstitutional Agenda

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The Supreme Court is looming as a roadblock for Democrats as they plot an ambitious wish list if they gain control of the White House and Congress for the first time in a decade.

Judge Amy Coney Barrett’s ascension to the Supreme Court, which Republicans hope to finalize this month, would lock in a conservative majority likely for decades, setting the courts up as a potential foil for Democratic presidential nominee Joe Biden’s agenda and Democratic leadership in the House and Senate.

The result of a 6-3 court, Democrats warn, could lead to the justices striking down a host of top priorities for the party, including health care, voting rights legislation or enacting stricter background checks for gun purchases.

“It would be a constant headache,” said Sen. Dick Durbin (D-Ill.). “It’s just a court that is lopsided. It’s not balanced and a lot of things that Joe Biden values, and I value, will be at risk.”

In other words, the things they would do would be un-Constitutional

Democrats are feeling bullish about their chances of Biden winning the White House and netting a total of three seats needed to take back the Senate. If they do, they’ve promised a long list of legislative items including election and ethics reform, infrastructure, voting rights, LGBT equality, immigration reforms, climate change and expanding gun background checks.

But their headaches with the judicial branch could start almost right out of the gate. The Supreme Court is hearing several high-profile cases this term, which would be handed down next spring or early summer including a voting rights case out of Arizona, the adoption rights of LGBT couples, the scope of federal housing authority and a fight over Democratic House members’ access to grand jury materials from former special counsel Robert Mueller’s probe.

At the top of that list is a case, set to be heard a week after Election Day, that could decide the fate of the Affordable Care Act. If the court strikes down the entire law, something some experts remain skeptical of even with Barrett on the bench, it would drop an explosive healthcare fight into the lap of a Biden administration and Democratic majority just as they are trying to get off the ground.

If you’re worried that Conservative judges going by the word of the Constitution will strike down your agenda, your agenda is anti-Constitution.


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