Experts discuss how a Barrett Supreme Court confirmation could impact health care law

ABC News contributors Sara Fagen and Yvette Simpson weigh in after the second day of Senate confirmation hearings for President Donald Trump’s Supreme Court nominee, Amy Coney Barrett.
5:48 | 10/14/20

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Transcript for Experts discuss how a Barrett Supreme Court confirmation could impact health care law
So what will the makeup of the supreme court mean for the future of health care and other issues for Americans? Earlier this evening I spoke with Republican strategist Sara Fagen, CEO of deep root analytics, and Yvette Simpson, CEO of democracy for American. Sarah and Yvette, thanks so much for joining us. Say two of the hearings and she was repeatedly pressed by Democrats on the affordable care she said she is not on a mission to destroy the ACA, but she has been critical of rulings to uphold it in the past. The president wants to overturn it with no plan to replace it. So Sara, this is an issue Republicans and the president warn highlighted three weeks before the election? Well, I think it's a vulnerability. Health care has been the most important election -- it was in 2018, I think it certainly -- in part because of covid, certainly front and center again in this election. It would be better if the president had put out a plan so he had something to point to. But at the same time, you know, Amy coney Barrett, incredibly impressive, doing that hearing with no notes, talking about all those cases. She said repeatedly, I cannot preordain how I rule on a case until I hear the facts of the case. I don't think it's fair for Democrats to make assumptions on what she is or isn't going to do, particularly when she sits there repeatedly and says, I'm not going to state what I'm going to do. Yvette, it's clear Republicans have the votes to confirm judge Barrett, so what are Democrats doing in these hearings as a strategy to galvanize voters? I think health care is a major issue. Choice is also a major issue. Amy coney Barrett has not been silent on these issues before. She actually has a record of her opinions on this. And I think what Democrats are doing, rightly so, are showing voters exactly what's at stake in this election. We can't get the senate back, we can't win the presidency, we can't fight against what might be real shifts on issues like choice, on issues like marriage equality, which we haven't talked about much, like health care. I think it's rattling Democrats up to really realize exactly that elections have consequences, and that we should be paying attention to what's happening with the supreme court over time. Coronavirus cases are increasing across the country, including a surge in battleground states like Pennsylvania, Wisconsin. We've had setbacks with therapeutics and vaccines in the past day. Yvette, we know the president is vulnerable on this issue. We know he's losing support among seniors. How does Biden take advantage? You know, I think he continues as he crisscrosses the country and is out there, you know, modeling good behavior, wearing his mask. I think he should continue to call trump's negligent behavior out on the campaign trail for people. The reality is, most Americans think he failed in his coronavirus response. I am one of them, and I think a lot of people are rightly agreeing. So I would continue, if I was Joe Biden, to draw that out and make sure that they point out that you want a president who understands and empathizes with the needs of people, not mocks and struts out, disregarding the very real risks he's putting people in right now. Sara, the president has tried to project strength on the virus, especially after his own covid battle. Yesterday he said he felt so good, he wished he could kiss supporters. We know the strategy plays to his base, bus dut it work with independents and women? Oh, I think it works with some people. You know, I think mostly what Americans crave in a pandemic is consistency. And it's the thing that Donald Trump has struggled with, frankly, which is, what is a clear, consistent message that he repeats over time? You know, he has done well with respect to sort of the basic things you need your coronavirus task force to, do but the rhetoric has been the problem, the inconsistency coming out of the podium. So, you know, I think some voters look at that and say, well, you know, if a 70-year-old overweight man can beat this, anybody can, and that's reason for optimism. But I think most people see it as another sign of inconsistency coming out of Washington. Ladies, a final question to you both. The hearings this week, do they change the dynamics of this election at all? Three weeks out? Or are things baked in? Sara, first you, then Yvette, we'll give you the final word. I don't think they're changing the dynamic. Certainly Joe Biden has been ahead in this race for much of the last year, frankly, and he has opened up a wider lead in the last week. I think that had more to do with the debate and the president's covid diagnosis and some of the way he handled it in leaving the hospital. I don't think that the hearing is going to change anything. If anything, it should help trump because of how strongly she has performed at the hearing. Yvette, You know, I think inspiring our base. You know, there have been a lot of losses on the democratic side this year. I think the loss of Ruth Bader Ginsburg was among -- the one that I saw fire us up more than anything. If people are voting and they're going out and they're excited about voting, they're excited about making sure that we protect the very things that people hold dear. I think they're fired up to have real change. And so I expect, as this continues to go on, this sham of a hearing, which we know shouldn't be happening because of court packing by Republicans, I think that it's going to fire more and more people up to stand in those lines, to make sure they're getting their ballots out early, to make sure their voices are heard. Yvette, Sara, thank you so much. Always grateful for your time and your insight. Be well. See you down the road. Thanks, Byron. Thank you, Byron. Up next, exploring one of

This transcript has been automatically generated and may not be 100% accurate.

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