Policy Corner: October 23, 2020

Senate Schedules Vote on U.S. Supreme Court Nominee

The full Senate will be in session this weekend to begin the process of confirming Judge Amy Coney Barrett as Associate Justice of the U.S. Supreme Court. The Senate Judiciary Committee held four days of hearings, which led to the committee voting to advance Judge Barrett’s confirmation to the Senate. The democratic members of the committee were not in attendance for the vote. The full Senate vote requires only a simple majority to pass.

A number of disability and health care organizations oppose her confirmation due to her previously stated view on the Affordable Care Act (ACA). The U.S. Supreme Court is scheduled to hear arguments on the legality of the ACA November 10. Along with the federal government, 20 states represented by 18 Republican attorneys general and two Republican governors are challenging the constitutionality of the law since the individual mandate for insurance was invalidated. Two states have withdrawn from the case after Democratic victories in the 2018 midterm elections in Wisconsin and Maine, leaving 18 states challenging the ACA on appeal. The federal government joined the case and argued at the lower court that only the ACA’s protections for people with preexisting conditions, including guaranteed issue and community rating, should be struck down along with the individual mandate, and that the remaining provisions should be allowed to survive.

House Continues Negotiation on COVID-19 Relief Package

While the House of Representatives is on recess, House Speaker Nancy Pelosi (D-Calif.) and White House Negotiators Chief of Staff Mark Meadows and Treasury Secretary Steven Mnuchin continue to negotiate a COVID-19 relief package, although the Senate Leadership does not appear to be on board. Speaker Pelosi has been holding out for funding for local schools, state and city government to assist essential workers, testing and contact tracing, tax credits for children and families, and enhanced unemployment benefits. The Trump Administration and the House are in agreement with regard to stimulus checks to help Americans with rent and other necessities. However, it appears that nothing will happen before the Nov. 3 election.

Democratic Senators Call for Data on COVID-19 Cases in Congregate Care Settings

Sens. Patty Murray (D-Wash.), Maggie Hassan (D-N.H.), and Elizabeth Warren (D-Mass.) sent a letter Oct. 14 to Seema Verma, administrator of the Center for Medicare and Medicaid Services (CMS), urging data collection and reporting on COVID-19 cases in congregate care settings. In the letter, the senators argue that the lack of data and data-driven decision-making risks the health of people with disabilities, people with mental health issues, and older individuals who live in these settings.

Election Day is Approaching: Don’t Forget to Vote!

The U.S. Presidential Election is scheduled for Tuesday, Nov. 3! Gubernatorial elections will also be held in 11 states and two territories. Nine governors are running for reelection, along with state lawmakers. Early and mail-in voting has started in many states, and many states have closed registration. Your vote counts. Depending on your state, plan to vote by mail, drop box, or in person. Click here to learn more about voting on election day. Make your voting plan today!

BIAA gratefully acknowledges the Centre for Neuro Skills and Avanir Pharmaceuticals for their support for legislative action. Click here to read past issues of Policy Corner.