Democrats intend to build the A.C.A. to gain an advantage in Senate races across the country, especially against at-risk Republican incumbents like Thom Tillis in North Carolina, Martha McSally in Arizona, and Cory Gardner in Colorado, who ran an ad promising to protect pre-existing conditions despite being released in 2017 voted to repeal the Affordable Care Act. Protect Our Care, a liberal advocacy group focused on health law enforcement, is preparing to run television commercials in all three states and warns of “bringing a judiciary to suspend our health care” after digital ads this week.
Similar ads are being run against Republican Senators in above-expected races in Alaska, Iowa, Georgia, Montana, South Carolina, and Texas. Winning both the White House and the Senate, where Republicans currently have a three-seat majority, could allow Democrats to fix the law so that it is not overturned by the Supreme Court by fining anyone who go without health insurance. At the heart of the dispute is that the law's requirement that most Americans must have insurance became unconstitutional when Congress zeroed the penalty in 2017, and that the rest of the law could not exist without that mandate.
Regarding the health bill issue, Joel White, a Republican strategist, said the court vacancy would help Republicans in tight Senate races "where their grassroots are looking for a reason to be excited," and in conservative states like Georgia and Montana, "through the motivation of partisans." More importantly, he said, the vacancy could shake up evangelical voters who otherwise might not have been ready to vote for Mr Trump.
James DiPaolo, an independent voter in Jacksonville, Fla., Said he was considering voting for Mr Biden – although he doesn't like the Affordable Care Act's demand that insurance plans provide comprehensive coverage that can make them more expensive – because Mr. Trump "Says Things That Are Cruel." But the judicial authority he said changed his calculation because he's a devout Catholic and "big fan" of Judge Barrett.
"She's a woman of faith, that's important to me," said 36-year-old DiPaolo of Judge Barrett, who is also a Catholic.
Mr DiPaolo referred to a part of the Health Act that he strongly supports: the protection of people with pre-existing diseases. His grandfather had diabetes, as did his father, he said, adding, "I hope it skips me, but I don't know, so I think protection is key to that."
He did not link a vote for Mr Trump with the possibility of losing this protection.
"I don't see he's getting rid of this," he said.