As the confirmation hearings for Amy Coney Barrett move forward (as of this writing), a number of issues have come up that concern Democratic senators. One of them is the Affordable Care Act (the “ACA” or “Obamacare”). The assumption is that if she is confirmed, Barrett will take the first opportunity to overturn the ACA, throwing millions of Americans off their insurance policies or greatly reducing the coverage they currently receive.

Several senators have read tear-jerking letters from severely ill patients who claim their lives were saved thanks to the provisions in the ACA that allowed their medical care to continue with insurance coverage they say they would not have been entitled to before Obamacare.

The Sky is About to Fall on Progressives (They Believe)
With a Republican president and senate, Barrett’s confirmation is all but a given. These letters are meant to scare the American people enough that hopefully call their senators, who will otherwise vote for Barrett’s confirmation, and convince them to change their vote.

Not likely, but hey. In the theater of politics, you have to put on the best possible show.

And of course, the corporate press, which never fails to get in lockstep with the Democratic Party, is carrying out marching orders with stories such as this.

This patient, as well as Democratic voters in general are scared – not just about the possibility that Obamacare could be overturned should the right legal case be presented before the SCOTUS, but it’s other issues, such as abortion (“women’s health”), gay marriage, gun control, etc. All of these could be overturned, according to the Democrats, undoing years of “progress.”

Five Lawyers Control the Fate of 330 Million Americans
Here’s the real issue at the heart of the Democrat voters’ fears: Five unelected, unaccountable, politically well-connected lawyers with lifetime appointments can determine the law for 330 million people. I know you might say, “But there are NINE justices!” Yes, but you only need five to render a decision.

Imagine pinning your hopes and fears to five people. Whether you believe abortion should remain legal or that Roe v. Wade should be overturned, what you’re counting on is that five people will be appointed who see the issue from your point of view. That’s the essence of this fight.

Why Continue To Do This To Ourselves?
Does this seem like a good system? Yes. We have a Congress and Senate that pass legislation, which is signed (or not) into law by the president. Seems like a thorough system, right? I mean, we’re taught in K-12 that this is the way it’s supposed to be. The Supreme Court, we’re told, is merely an objective referee to look at the Constitution and determine whether the laws passed overstep the roles of the Executive and Legislative Branches.

But that’s not reality.

The SCOTUS has, repeatedly, used the 5-4 majority to make national policy. Abortion and gay marriage are just two examples. These were not laws passed by the legislative process. They were determined by five lawyers, and the decisions are at the heart of many of the irreconcilable divisions that exist in our country.

Why live like this? Why should 330 million people be subjected to the constant stress that these judges could undo something they believe is an absolute existential right of every American (more accurately, specific groups who benefit from the policies)? Furthermore, what benefit is it to increase the animosity already present between the two sides of the political voter base by making the appointment of SCOTUS justices a major issue each election cycle?

It would be a much better and more peaceful alternative to go our separate ways and form communities with like-minded people who will institute laws that reflect the values of the new decentralized societies.

Once again, this is an example of why our current system cannot persist. It’s time to stop pretending this is the best possible arrangement for a population of 330 million uniquely different individuals.