The GOP’s assault on Obamacare is judicial activism. Barrett should address it.

The Affordable Care Act was approved by Congress and now is consistently supported by more Americans than oppose it. Yet Republicans are effectively asking the Supreme Court to repeal it — to legislate from the bench, which is exactly what the party historically accuses liberal judges of doing.

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Editorials

October 13, 2020 - 9:40 AM

Judge Amy Coney Barrett Photo by (Erin Scott/POOL/AFP via Getty Images/TNS)

In her opening statement to the Senate Judiciary Committee Monday, Supreme Court nominee Amy Coney Barrett said elected officials, not judges, should determine public policy. In the coming days of questioning, Democrats should focus, laser-like, on that principle as it applies to the GOP’s ongoing attempt to kill the Affordable Care Act — something the party has been unable to do legislatively, so is trying to get the high court to do. Aren’t such end-runs around Congress exactly what Barrett says judges shouldn’t do? The question demands an answer.

The underlying…

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