Barrett declines to answer whether she agrees that Medicare is unconstitutional
In the third day of confirmation hearings for Supreme Court nominee Amy Coney Barrett, the judge was asked by Sen. Dianne Feinstein if she agrees with the idea that Medicare is unconstitutional. Barrett declined to answer the question.
Video Transcript
DIANNE FEINSTEIN: Some have argued that the Medicare program is unconstitutional becau-- it-- well, it's an unconstitutional exercise in congressional spending power. They believe that the spending power does not exist at all. In talking about Medicare and Social Security, Professor Mike Rappaport of the University of San Diego Law wrote this. "It is worth remembering that these programs would never have taken their pernicious form if the Constitution's original meaning had been followed in the first place." Do you agree with Originalists who say that the Medicare program is unconstitutional? And if so, why?
AMY CONEY BARRETT: I'm not familiar with that article by Professor Rappaport. So I don't know what reasoning he advances for claiming that the spending power as exercised in things like the Medicaid provision would be unconstitutional.
DIANNE FEINSTEIN: Well, it's in "Law and Liberty," July 23, 2015. But the question is, do you agree with Originalists who say that the Medicare program is unconstitutional?
AMY CONEY BARRETT: Well, let's see. So I think I can't answer that question in the abstract, you know, because as we've talked about, the no hints, no forecasts, no previews rule. I also don't know what the arguments would be. So I assume Professor Rappaport lays out a case, but it's not a question that I've ever considered before. But if I did consider it, it would be in the context of an actual case or controversy.
DIANNE FEINSTEIN: Well, I thank you-- it-- it's hard for me to believe that that's a real question, because I think the Med-- Medicare program is really sacrosanct in this country.
