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Sen. Chuck Schumer. Photo: Andrew Burton/Getty Images

Senate Minority Leader Chuck Schumer (D-N.Y.) on Sunday called on Supreme Court nominee Amy Coney Barrett to commit to recusing herself from cases involving the Affordable Care Act and the 2020 election if confirmed.

Why it matters: Barrett wrote in 2017 that Chief Justice John Roberts betrayed the tenets of conservative legal analysis when he upheld the Affordable Care Act. The law will be back before the court in November. Democrats have made it central to their messaging that Barrett will try to invalidate the law if she is confirmed to the court.

What he's saying: Schumer said Barrett has "serious conflicts of interest" that should precipitate her recusal from ACA and election-related cases.

  • Barrett's record and previous statements "raise serious questions as to whether she can rule fairly at all," Schumer said.
  • He also pointed to Trump's comment indicating he wanted Barrett confirmed quickly in case she needed to decide the result of the election.

Background: This challenge to the ACA argues that the law’s individual mandate became unconstitutional when Congress nullified it in 2017 — and that the rest of the ACA must fall along with it.

What to watch: Hearings for Barrett's nomination kick off in the Senate on Monday, and Republicans are hoping to confirm her before Election Day.

  • Barrett will say that "policy decisions and value judgments of government must be made by the political branches elected by and accountable to the People," in her opening statement to the Senate Judiciary Committee, according to prepared remarks obtained by Axios.
  • "Nothing in her opening statement allays the concerns America has that she will overturn ACA and hurt people's health care and she will act to undo Roe v. Wade," Schumer said.
  • The Supreme Court will hear the ACA case on Nov. 10.

Go deeper

Updated Jan 7, 2021 - Politics & Policy

Schumer says he will fire Senate sergeant-at-arms over Capitol siege

Photo: Cheriss May/Getty Images

Senate Minority Leader Chuck Schumer on Thursday called for firing Senate Sergeant-at-Arms Mike Stenger when Democrats take the majority in the upper chamber — if Stenger has not already resigned.

Why it matters: Lawmakers are beginning to question how Capitol law enforcement and security so utterly failed on Wednesday to keep "March for Trump" protesters from invading the U.S. Capitol as Congress was certifying the Electoral College votes for Presisdent-elect Joe Biden.

Scoop: Gina Haspel threatened to resign over plan to install Kash Patel as CIA deputy

CIA Director Gina Haspel. Photo: Win McNamee/Getty Images

CIA Director Gina Haspel threatened to resign in early December after President Trump cooked up a hasty plan to install loyalist Kash Patel, a former aide to Rep. Devin Nunes (R-Calif.), as her deputy, according to three senior administration officials with direct knowledge of the matter.

Why it matters: The revelation stunned national security officials and almost blew up the leadership of the world's most powerful spy agency. Only a series of coincidences — and last minute interventions from Vice President Mike Pence and White House counsel Pat Cipollone — stopped it.

Updated 11 hours ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Health: Coronavirus deaths reach 4,000 per day as hospitals remain in crisis mode — CDC warns highly transmissible coronavirus variant could become dominant in U.S. in March.
  2. Politics: Biden says, "We will manage the hell out of" vaccine distribution — Biden taps ex-FDA chief to lead Operation Warp Speed amid rollout of COVID plan — Widow of GOP congressman-elect who died of COVID-19 will run to fill his seat.
  3. Vaccine: Battling Black mistrust of the vaccines"Pharmacy deserts" could become vaccine deserts — Instacart to give $25 to shoppers who get vaccine.
  4. Economy: Unemployment filings explode againFed chair: No interest rate hike coming any time soon —  Inflation rose more than expected in December.
  5. World: WHO team arrives in China to investigate pandemic origins.