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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 SchumerNikki Haley unveils PAC ahead of possible 2024 White House bid Trump calls for 'NO violence' amid concerns of threats around inauguration Amazon cites death threats in push to keep Parler offline MORE (D-N.Y.) said on Sunday that Judge Amy Coney Barrett, President TrumpDonald TrumpEx-Trump lawyer Cohen to pen forward for impeachment book Murkowski says it would be 'appropriate' to bar Trump from holding office again Man known as 'QAnon Shaman' asks Trump for pardon after storming Capitol 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 GinsburgRuth Bader Ginsburg, George Floyd among options for 'Remember the Titans' school's new name Bipartisan anger builds over police failure at Capitol Lindsey Graham praises Merrick Garland as 'sound choice' to serve as attorney general 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 CoonsChris Andrew CoonsSecurity concerns mount ahead of Biden inauguration Trump impeachment collides with Biden's agenda Sanders to wield gavel as gatekeeper for key Biden proposals 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.