While keeping her head down, Barrett has shown some indication that she may not be the Trump sycophant Democrats warned she would be – and she swore she would not be…
In the Affordable Care Act case, the Trump administration agreed with Texas and other conservative states that the entire law should be struck down because its tax penalty was eliminated in 2017. Barrett wondered aloud why Congress would seek to eliminate the law, rather than just the tax.
“It would be odd for us to construe this statute as Congress saying, ‘Well, we’re going to change the statute in a way that’s going to render it … unconstitutional,'” she said, paraphrasing the government’s theory.
Democrats’ other main concern during the confirmation process was Trump’s expressed desire to have Barrett seated in time to decide election disputes. But when that time came this month, neither Barrett nor the president’s two other nominees, Neil Gorsuch and Brett Kavanaugh, bailed him out.