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Cruz: Democrats want to pack court with judges to protect ObamaCare

Cruz: Democrats want to pack court with judges to protect ObamaCare
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Sen. Ted CruzRafael (Ted) Edward CruzUS has seen 45 mass shootings in the past month The Hill's 12:30 Report: Nearly half of U.S. adults partially or fully vaccinated Cruz no longer wearing mask in Capitol MORE (R-Texas), the Senate’s leading critic of the Affordable Care Act, denounced a vote Thursday to prohibit filibusters against appellate court nominees as a scheme to save the healthcare law.

“The heart of this action is directed at packing the D.C. Circuit because that is the court that will review the lawless behavior of the Obama administration implementing ObamaCare,” he said.

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“President Obama and the administration refuse to follow the plain text of the law, and the D.C. Circuit is the court of appeals that has been holding the administration accountable."

Cruz said the rule change, which passed Thursday with 50 Democratic votes, “was designed to pack that court with judges that they believe will be a rubber stamp.”

The vote to pass the rules change was 52-48, with the two independents, Sens. Angus KingAngus KingNew US sanctions further chill Biden-Putin relations Schumer lays groundwork for future filibuster reform Bipartisan lawmakers signal support for Biden cybersecurity picks MORE (Maine) and Bernie SandersBernie SandersSirota: Biden has not fulfilled campaign promise of combating union-busting tactics Democratic senators call on Biden to support waiving vaccine patents Progressives put Democrats on defense MORE (Vt.), voting with the Democrats, and three Democrats voting against the change.

The addition of three Democratic-appointed judges to the 11-seat court would shift its ideological balance, which had been tilted to the right. This could have significant implications for the new healthcare law because the court has primary jurisdiction over many federal regulatory matters.

Other Republican senators also expressed concern that a Democratic bias on the court would make it harder to halt the implementation of ObamaCare. 

Sen. John BarrassoJohn Anthony BarrassoSenate GOP to face off over earmarks next week Biden outreach on infrastructure met with Republican skepticism Sunday shows preview: Democrats eye passage of infrastructure bill; health experts warn of fourth coronavirus wave MORE (Wyo.), the chairman of the Senate Republican Policy Committee, said the next stage of battling the law’s implementation would take place in the D.C. Circuit.

“Lawsuits affecting the healthcare law will go through this court, and if the president is able to pack this court, it’s his effort to try to defend a law the American people don’t like and believe they can’t afford,” he said. 

Republicans are planning hearings in the House Judiciary Committee to scrutinize whether Obama has adhered to the Constitution, according to a member of the panel.

Democrats rejected the GOP accusations Thursday. They argued that Republicans are trying to tie the battle over judicial nominees to the Affordable Care Act in an effort to distract attention from their obstructionist tactics.

Sen. Charles SchumerChuck SchumerPew poll: 50 percent approve of Democrats in Congress Former state Rep. Vernon Jones launches challenge to Kemp in Georgia Schumer lays groundwork for future filibuster reform MORE (N.Y.), the third-ranking Senate Democratic leader, said Republican Leader Mitch McConnellAddison (Mitch) Mitchell McConnellPew poll: 50 percent approve of Democrats in Congress Pelosi on power in DC: 'You have to seize it' Progressives put Democrats on defense MORE (Ky.) “doesn’t want to address the filibusters; he doesn’t want to address the rules changes, so three quarters of his speech is dedicated to ObamaCare.” 

Senate Majority Leader Harry ReidHarry Mason ReidThe Hill's Morning Report - Presented by Tax March - CDC in limbo on J&J vax verdict; Rep. Brady retiring Biden to tap Erika Moritsugu as new Asian American and Pacific Islander liaison White House races clock to beat GOP attacks MORE (D-Nev.) said Democrats were entirely motivated by a desire to break Senate gridlock.

“The changes that we made today will apply equally to both parties. When Republicans are in power, these changes will apply to them as well,” he said. “That’s something both sides should be willing to live with to make Washington work again.”

The Senate voted to change the chamber’s rules to exempt executive and most judicial branch nominees from filibusters, effectively lowering the threshold for confirmation to 51 votes. The modification does not affect Supreme Court nominees.

The change could help Obama implement the law in other ways. It has immediately improved the chances of confirming nominees to the Independent Payment Advisory Board. The 15-member panel, one of the most controversial facets of the law, has responsibility for curbing the cost of Medicare. The administration had little hope for setting up the board before Thursday’s rule change.

The change would also give Obama more flexibility in deciding whether to replace Secretary of Health and Human Services Kathleen SebeliusKathleen SebeliusWorking for lasting change Former HHS secretary Sebelius joins marijuana industry group More than 200 Obama officials sign letter supporting Biden's stimulus plan MORE, who has received a large portion of blame for the law’s botched rollout. 

Prior to this week, any effort to replace Sebelius would have had to contend with the daunting prospect of moving her successor through a contentious Senate confirmation process. Now if Obama picked someone else to take the department’s helm, he or she would have a much better chance of a speedy confirmation.

Sen. Tom HarkinThomas (Tom) Richard HarkinWe need a voting rights workaround Romney's TRUST Act is a Trojan Horse to cut seniors' benefits Two more parting shots from Trump aimed squarely at disabled workers MORE (D-Iowa), the chairman of the Senate Health, Education, Labor and Pensions Committee, said he has not even contemplated Sebelius stepping down.

Ten Republican senators, including Sen. Pat RobertsCharles (Pat) Patrick RobertsSenate GOP faces retirement brain drain Roy Blunt won't run for Senate seat in 2022 Lobbying world MORE (Kan.), her home-state senator, sent a letter to Obama earlier this month calling for her resignation.