Fellow Illinoisan,

Last weekend, the United States lost an historic champion of equality, a woman who spent her entire life and every ounce of strength and talent she was given in pursuit of America’s highest ideal - equal justice under the law - Justice Ruth Bader Ginsburg.

A Jewish teaching says that those who die just before the Jewish New Year are those whom God has held back until the last moment because they were most needed on Earth.  So, it seems only fitting that Justice Ginsburg left this world as the sun was setting last Friday, marking the start of Rosh Hashanah.

THE AFFORDABLE CARE ACT IS AT STAKE WITH THIS SUPREME COURT VACANCY

Shortly before she passed away, Justice Ginsburg said that her most fervent wish was that she not be replaced until a new president is installed.  Sadly, her wish seems to be falling on deaf ears in the Senate.  Shortly after the news of her passing, Senator McConnell announced that he would hold a Supreme Court vote during this presidential election year.

This goes entirely against Senator McConnell’s own stated position in 2016.  According to the McConnell Rule, “the American people should have a voice in the selection of their next Supreme Court Justice.  Therefore, this vacancy should not be filled until we have a new President.”

Those are Senator McConnell’s own words.  Let’s be clear - this is all about raw partisan power.  The hypocrisy is astounding and bad enough on its own.  But what makes this even worse is what’s at stake. 

On November 10, just one week after Election Day, the Supreme Court will hear arguments in a case in which the Trump Administration and Republicans are arguing that the Affordable Care Act should be struck down in its entirety.  If the Supreme Court does what the Trump Administration and Republicans are asking it to do, an estimated 20 million Americans would lose their health care coverage - including 600,000 in Illinois. 

Tens of millions of Americans with pre-existing conditions - including up to five million in Illinois - would lose protections that the Affordable Care Act grants them against discrimination by insurance companies.  Young adults up to age 26 would no longer be able to stay on their parents’ health insurance.  Medicare would face insolvency sooner, and seniors could be charged more for prescription drugs. And hospitals, especially in rural areas, would see significant revenue and job losses.

At this moment, in the middle of a global health pandemic, it is almost unimaginable that Republicans are trying to wipe out the critical health care protections in the ACA.  But that’s what they are fighting for in this case.  

President Trump and Senator McConnell are ignoring the voice of the American people and are trying to rush a nominee onto the Supreme Court before this critical case that will decide the future of Americans’ healthcare.  Considering all that is at stake, the American people’s voices should be heard and Justice Ginsburg’s last wish should be honored - no confirmation before inauguration.

Sincerely,

U.S. Senator Dick Durbin (D-IL)