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Schumer: Trump's Supreme Court nominee should recuse from health care, election cases

Schumer: Trump's Supreme Court nominee should recuse from health care, election cases
© Bonnie Cash

Senate Minority Leader Charles SchumerChuck SchumerTrump casts doubt on hopes for quick stimulus deal after aides expressed optimism Schumer says he had 'serious talk' with Feinstein, declines to comment on Judiciary role Democrats seem unlikely to move against Feinstein MORE (D-N.Y.) said on Sunday that Judge Amy Coney Barrett, President TrumpDonald John TrumpJudge rules to not release Russia probe documents over Trump tweets Trump and advisers considering firing FBI director after election: WaPo Obama to campaign for Biden in Florida MORE's Supreme Court nominee, should pledge to recuse herself from any cases involving the Affordable Care Act or the outcome of the Nov. 3 election. 

"This nominee comes before us with serious conflicts of interest and we're here today to say that given Judge Barrett's conflicts of interest she should recuse herself from any decision involving the Affordable Care Act and its protections and any decision related to the election that we will have on Nov. 3," Schumer said at a press conference in New York. 

"Judge Barrett should immediately do the bare minimum and pledge to recuse herself," Schumer added. 

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Schumer's comments come as Barrett will appear before the Senate Judiciary Committee on Monday, kicking off four days of hearings over her nomination to succeed the late Justice Ruth Bader GinsburgRuth Bader GinsburgDemocrats to boycott committee vote on Amy Coney Barrett's Supreme Court nomination Mitt Romney did not vote for Trump in 2020 election The Senate should evoke RBG in its confirmation of Amy Coney Barrett MORE

Barrett is not expected to address when, or if, she would recuse herself from cases as part of her opening statement, according to a copy of her remarks obtained by The Hill. She also does not address Democrats' concerns that she could nix the Affordable Care Act, with a case on that matter set to go before the court a week after the election. 

Barrett has previously been critical of the Supreme Court's ruling upholding the Obama-era healthcare law. 

Democrats are expected to push Barrett during the hearing to say she will recuse herself from a case involving the Nov. 3 election if it comes before the Supreme Court. Sen. Chris CoonsChristopher (Chris) Andrew CoonsSchumer says he had 'serious talk' with Feinstein, declines to comment on Judiciary role Durbin signals he isn't interested in chairing Judiciary Committee Push to expand Supreme Court faces Democratic buzzsaw MORE (D-Del.) raised the issue with her during a phone call last week, but said that she did not give a direct answer.

Trump has said that he believes it's important to have his pick confirmed if the election ends up at the Supreme Court. 

"It's clear there's only one conclusion when it comes to Justice Barrett in regards to her voting on repealing ACA and on deciding the legitimacy of the presidential election. Recusal. Recuse. This is what she should do," Schumer said, holding up what appeared to be a printed off copy of the definition of "recuse" that he then proceeded to read.