[Congressional Record Volume 166, Number 178 (Monday, October 19, 2020)]
[Senate]
[Pages S6322-S6323]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Nomination of Amy Coney Barrett
Mr. CASEY. Mr. President, I want to start tonight by just making a
few remarks regarding what is ahead of us in the next few days, and
that is the debate about a Supreme Court Justice. I won't be able to
cover everything tonight that I want to cover, but I will just make
some preliminary comments about healthcare, which has been the driving
debate in this nomination or at least the issue that has dominated the
debate so far.
We made, in my judgment, great progress in 2010, when the Patient
Protection and Affordable Care Act was passed. Some refer to that
statute as ObamaCare, which isn't really the name of the statute and
doesn't adequately describe what it is about. The patient protection
part of the act--or the name of the statute--is the part that I think
involves most Americans, all the coverages that are provided, all the
protections, I should say, that are provided. One example of that, of
course, is the protection for preexisting conditions. The state of the
law prior to that was if an insurance company did not want to cover
someone because of a preexisting condition, they had the authority to
do that or they could cover the person but charge them more. That is no
longer permitted, and in a State like Pennsylvania, that number--the
number of people who are protected by that provision of the law because
they have a preexisting condition--that number is 5.5 million people.
Nationally, it is as high as 135 million. So we know what is at stake
in the debate, and it just so happens in this context that it is part
of the debate about the Supreme Court nominee, Judge Barrett.
I have a threshold, initial concern that is even before we get to the
debate about the Affordable Care Act and what might happen to it by
virtue of the lawsuit filed that is now before the Court with an
argument date of November 10. I think that is the primary reason for
the rush of her nomination--so that she can be a member of the Court
for that argument on November 10 and make that decision, which I think
is highly likely to be a decision against upholding the
constitutionality of the Patient Protection and Affordable Care Act.
The threshold concern I have, though, is just the way this process
has unfolded, not just more recently but over time. The President, when
he was a candidate, said he would choose from a list that was developed
basically by
[[Page S6323]]
two groups: the Federalist Society and the Heritage Foundation. They
came up with a list, and that is the list he said he would choose from.
That list was expanded when he became President.
Judge Barrett was on that list, Justice Kavanaugh, Justice Gorsuch--
you can see the pattern there. I don't want a Supreme Court that is
chosen by those two groups, but, so far, that is what the President has
decided to do.
In this case, the rush is, I think, for that basic reason, that the
majority party here and Republicans in the House and a Republican
President want this statute struck down. They want to have that
majority, a six-to-three majority, to do that.
But I guess, as much as I can talk, as we all do, about some of the
policy--and I will--and the numbers, I think the most compelling parts
of this debate are the stories that come from people across
Pennsylvania and across the country who have come to us. I met some of
these families about 10 years ago when we were debating the act then. I
met them again when we were trying to stop the repeal in 2017 and 2018,
and now we are getting together again because of this new and, I think,
mortal threat to the law.
I will just mention two for tonight--Erin and Shannon. Erin, I know
better; I have met her over the years--Erin Gabriel. She has been very
public about the fight that she is waging on behalf of her three
children with disabilities: Collin, Bridget, and Abby. I have heard a
good bit about each of them and maybe the most about Abby.
Erin is from Beaver County, PA, right on the Ohio border, just north
of Pittsburgh, and she is very concerned about what happens to her
children because of their disabilities. Of course, under the old law--
the old way of approaching these issues--a child with a disability
could be denied coverage because of a preexisting condition, and, also,
a corresponding or related concern is the threat to Medicaid itself,
especially in budget debates here over time, and Medicaid expansion.
Erin Gabriel is one of the people who has made very clear to us the
adverse impact on the life of her children that could result if the
statute is overturned and declared unconstitutional.
A second person who has brought her story to our attention is Shannon
Striner. Shannon is a mom to two daughters: Haley and Sienna. Haley is
actually a second grader now, and Sienna is a young girl with Down
syndrome. Obviously, Sienna is a child who is going to need a lot of
care, and we have to make sure that our healthcare system is there to
meet the needs of those families.
We are going to be talking more about these challenges that these
families face, but for the life of me, I will never be able to
understand--if I lived 1,000 years, I will never be able to understand
why we would ever go backward on healthcare. Why would we go back to a
time when a child or an adult who has a preexisting condition would be
denied coverage? Why would we go back and erase by virtue of, in this
case, what would be a judicial fiat all the progress that has been made
because of the Affordable Care Act?
So many more people have the security of healthcare. In my home
State, it is 1 million people who gained coverage. The number now
nationally is about 23 million. That number keeps going up. Most of
them are getting their healthcare through the expansion of Medicaid.
The number on that keeps growing.
Part of the reason it is growing is because people lost their
insurance as a result of the adverse impact of COVID-19--people losing
their jobs and turning to programs like Medicaid for coverage. So that
number keeps going up.
In the State of Pennsylvania, just by way of example, the latest
number is 840,781 Pennsylvanians who have benefited from Medicaid
expansion. The benefit of it is one of the reasons you have States that
are not controlled by Democrats that are voting to expand coverage. So
that number keeps going up.
I want to make sure that we take every step necessary to protect
coverage, not just to uphold a statute and to, frankly, grow the number
of people with healthcare but to remember the impact it has on people's
lives and ensure that the people who gain coverage don't lose it.
We have a State--as the Presiding Officer knows because of his
family's roots--we have a State of a few big cities, but mostly it is a
State of a lot of small towns. We have 48 rural counties out of 67, and
in those small towns or rural communities, we have a lot of people who
have gained coverage because of the expansion of Medicaid.
As I said, you can see the number: 840,000 out of about 1 million who
gained coverage--gained coverage through Medicaid expansion, so that is
a big number. And even in a small county like Cameron County, one of
our smallest--it might be the smallest county in population--there are
350 people in that county who got Medicaid expansion. I want to make
sure all 350 or more can benefit from Medicaid expansion.
Big cities like Philadelphia have bigger numbers, obviously. When I
look at my home county, Lackawanna County, and look at the next county
next to it, the largest population county in the region, Luzerne
County, these are huge numbers of people who have gained coverage on
Medicaid expansion. In Lackawanna, it is more than 17,180 people and
more than 26,000 in Luzerne County. Now, that is not accounting for the
folks who got coverage because of the exchanges that were set up. So
the balance of those folks in Pennsylvania who got coverage, between
840 and 1 million, got their coverage because of the exchanges that
were set up by the Affordable Care Act.
One last point before I move to a second topic: Here are some of the
benefits of Medicaid expansion that don't get a lot of attention but
should warrant attention. I will just give you one example in 1 year
from one State.
In 2019, in Pennsylvania, over 135,000 people were able to receive
treatment for substance use disorder because they were covered through
Medicaid expansion. Now, most people may not think of that longer
category or that long phrase, ``substance use disorder,'' but a
subcategory to that and one of the largest parts of that challenge for
many families and many communities is the opioid crisis. So that means
tens of thousands of Pennsylvanians were getting covered by Medicaid
expansion and treatment therefrom just at the time the opioid crisis
was on the rise and causing death and devastation to so many families
and so many communities. So that is one benefit to the program that
doesn't get a lot of attention.
We know that on the larger question of the Affordable Care Act
itself, beyond Medicaid expansion and the exchanges, is the so-called
prescription drug doughnut hole, that coverage gap where the older
Pennsylvanian, at some point in the availability of prescription
medications, has to pay for a while before they get into a catastrophic
category where the Federal Government and the Medicare Program can pick
up the cost. But in that coverage gap--and ``doughnut hole'' is a very
benign way of describing a very burdensome problem for a lot of
seniors--if that were to go away, if the Affordable Care Act were
declared unconstitutional and that doughnut hole coverage or the
filling of the gap, so to speak, were not there the next year or the
year after or 5 years or 10 years from now, that could adversely impact
hundreds of thousands of Pennsylvanians. By one estimate, more than
293,000 people on Medicare would be forced to pay more for their
prescription drugs.
So that is a lot on the line when it comes to the Affordable Care
Act, and that is why this nomination is of such great consequence for
one big issue. I think the Affordable Care Act Supreme Court decision
will be the most significant decision that this Court will decide maybe
for 25 years because of the scope of the impact.
Even someone who is not threatened directly by the loss of coverage,
the loss of protection for a preexisting condition, or even someone who
can buy because of their wealth or their circumstances--that person
will also be affected because premiums will likely skyrocket. So there
are very few, if any, Americans not affected by this lawsuit that will
utterly destroy the Affordable Care Act.