Good evening. Thank you for joining us. The future of the Affordable Care act, also known as obamacare, goes before the Supreme Court next month. Today was center stage as senators questioned president trumps latest Supreme Court nominee. Tonight, congress, the court, a health care crisis, and the americans caught in the middle. Reporter 8yearold charli wood is on a mission. She and mother rebecca zipping up in headtotoe h to toe hazm a lot of the republican senators are sloppy about covid. Reporter theyre about to join a rally to fight, they say for charlis life. No confirmation until inauguration reporter charli was born 14 weeks early, weighing 1 pound 12 ounces at birth. Rebecca says charli survived overwhelming odds with help from a hotly contested government program. Without the aca, shes uninsurable. Her birth is a preexisting condition. She would have exceeded a love time cap before coming home from the nicu for the very first time. Fight, fight, fight reporter the woods join dozens of others on the front steps of the Supreme Court, including anna marie acilla, executive director for the center for popular democracy. People will be even worse off in the face of a global pandemic, in the face of any other health disaster, communities of color in particular will be a lot worse off without access to health care that was afforded through the Affordable Care act. Reporter theyre fighting to make their voices heard, to say no to judge Amy Coney Barrett, Supreme CourtJustice Nominee they fear will be president trumps key to dismantling the Affordable Care act. Its barely sustainable as it is. And were fighting for crumbs here. Reporter the Affordable Care act has taken center stage this week in the midst of this contentious Supreme Court nomination. Washington republicans have realized that the Affordable Care act is working too well and helping too many people to repeal it without facing serious political consequences. From my point of view, obamacare has been a disaster for the state of south carolina. All of you over there that want to impose obamacare on south carolina, we dont want it. We want something better. Health care has been front and center in this hearing. If Amy Coney Barrett is on that court, shell rule on whether it survives and whether the whole law is struck down, along with a lot of protections for people with preexisting conditions, so democrats want to press her on it. President trump has vowed to get rid of that law and they want to know if she will do his bidding. Reporter the democrats have used the hearings to double down on ac assesses barretts nomination would end the aca, leaving millions of americans without health care, as covid19 spreads throughout the nation. Health care is a huge cost for families. Polls show as obamacare, as the Affordable Care act was being threatened with going away, its popularity has gone up. They dont want to change it without a plan for whats coming next. And the president and republicans dont have one. Reporter but barrett repeatedly refused to give any indication of her position. Have you committed to the president or anyone else that you will vote to repeal the Affordable Care act if confirmed to the court . Absolutely not. I was never asked, and if i had have been, that would have been a short conversation. Im not willing to make a deal, not with the committee, not with the president , not with anyone. Im independent. Nobody wants to live in a court with the law of amy. My children dont even want to do that. Reporter Case Western Reserve University school of law professor Jonathan Adler says barrett was following the judicial process. They cant answer questions about how they are going to rule in a future case. That would prejudice their ability to hear the issue impartially. Reporter her dedication to values has won over supporters like James Depaulo in florida. He hasnt been swayed by the democratic questioning of the Supreme Court nominee. I believe thats rhetoric, and thats fine. This is politics, politics is about rhetoric. Its about, if you dont want this person on the bench, you are going to use whatever rhetoric you think is going to get the job done. Reporter the father of two and Catholic Middle School teacher is an independent who voted for trump in 2016, and he says the president s endorsement of barrett has probably sealed his vote again. What is it about her that made you decide, okay, i can support trump again . Im a practical catholic. My faith is very important to me, and she is someone who has lived out those values. And shes a federal judge. Thats not smalltime. Shes a very intelligent woman. She really understands the law, and i believe she tries to come at every case with earnestness. Reporter his biggest gripe with the Affordable Care act, that the government required americans to be insured. The mandate was the biggest one for me. I think mandated citizens to do something, i dont like that as a citizen. I dont think it solved the problem. There are other options out there to help people. Reporter the Affordable Care act has been mired in controversy throughout its 10year existence. I like to call it the most resilient and most challenged statute in modern american history, in fact, all of american history. It is into the Supreme Court coming on an unprecedented seven times in ten years. It has been the subject of challenges in more than 1,000 cases in the lower courts. Congress has tried to repeal it more than 70 times and failed. And this Current Administration has tried to sabotage it over and over again. Reporter yale law and medical School Professor abby gluck has studied the aca since its inception in 2010. The Affordable Care act is the most transformative and Important Health law passed by Congress Since medicare and medicaid in 1965. It has brought health care to some 20 million new americans. It has expanded medicaid. It is not just a statute for the poor. Due to protection for lifetime caps, preexisting conditions, Quality Insurance plans, eliminating copay for preventative care. Those apply to all kinds of americans. No one should think theyre not going to be touched by this. Reporter those who may be most affected by the fate of the aca are people with preexisting conditions. These 15yearold twins live in cambridge, diagnosed with diabetes at a young age. Its a condition theyll have to live with the rest of their lives, one that afflicts 30 million americans nationwide. We have to watch what we eat. We avoid soda and candy. We sports we have to watch our blood sugars so that we know if were able to play. Its just a lot of work, because we have to manage it all the time, it never goes away. Reporter they rely on insulin doses to stay alive. I couldnt get the insulin i needed, my blood sugar would start to rise and would ultimately end in death if i did get the insulin i need for my body. A lot of the Mental Health that goes along with it, ive struggled with that. I can get really upset with it. Its really frustrating because i never feel normal. Reporter their treatment is covered by their parents insurance. The costs of treating diabetes have only gone up. Now without insurance, the list price for insulin right now would be about 2,200 for one month of insulin for the two girls. Thats just the insulin. The thought of our children having to choose between food and insulin is terrifying. Because we know what happens when people dont have access to insulin. You and i make it on our own, those two girls dont. Reporter sherry and eric say the twins can remain covered until theyre 26 years old, thanks in part to the Affordable Care act which they call their safety net. Our girls both have big dreams for themselves. One wants to be a doctor, one wants to be a lawyer. Theyre going to be in school for a very, very long time and theyre going to need Health Coverage and theyre going to need our help to get through that period of their lives. For us, the preexisting conditions and finding Affordable Health care, its not a democrat issue, its not a republican issue, its a life issue. Its important all our politicians locally, nationally, Work Together for the betterment of the country. Reporter if confirmed, one of barretts first cases as a Supreme Court justice is california v. Texas. The heart of the case is whether or not the Affordable Care acts individual mandate requiring all americans to Purchase Health insurance is constitutional. The Affordable Care act was a piece of legislation that literally took up thousands of pages. And this lawsuit is going after one line or two lines in that massive piece of legislation. So the real question before the court is, if you take that one part out, can you leave the rest of it standing . And i would expect the Supreme Court, even if it does strike down the mandate, to leave the vast majority of the Affordable Care act in place. Reporter but if the aca is repealed, experts fear the lack of an alternative plan in place to protect the millions who would lose coverage. The republicans have said for the last ten years that theyre going to put an alternative in place and its going to be frisk. Well, we have yet to see what that alternative would be. The only thing the president has said so far is everyone supports preexisting conditions and if the Affordable Care act is struck down, hell just order them to be reinstated. Sorry, but thats not legally permissible, that is required to be done by an act of congress. Fight, fight, fight reporter its those unknowns that people protesting outside the Supreme Court no confirmation before inauguration reporter insisting barretts confirmation be held off until after the election. Any sooner, they say, will be a compromise on democracy. What is immediately also at stake is progress we have made over generations. The fact that people have health care is not a given as a result of people struggling and bringing those demands to the court. I want to make sure that we have a court that people can trust, people can respect, because it is the place where we resolve Big Questions about who advance how to advance our society in the direction of more justice, more inclusion, more dignity. Our streaming channel abc news live will have complete coverage of judge barretts Senate Hearing tomorrow. Coming up, the politics of coming up, the politics of health care in a pandemic. Th but scrubbing still takes time. Now theres dawn powerwash dish spray. 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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 act. 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 its 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 reer r preordain how i rule on a case until i hear the facts of the case. I dont think its fair for democrats to make assumptions on what she is or isnt going to do, particularly when she sits there repeatedly and says, im not going to state what im going to do. Yvette, its 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 whats at stake in this election. We cant get the senate back, we cant win the presidency, we cant fight against what might be real shifts on issues like choice, on issues like marriage equality, which we havent talked about much, like health care. I think its rattling democrats up to really realize exactly that elections have consequences, and that we should be paying attention to whats happening with the Supreme Court over time. Coronavirus cases are increasing across the country, including a surge in battleground states like pennsylvania, wisconsin. Weve had setbacks with therapeutics and vaccines in the past day. Yvette, we know the president is vulnerable on this issue. We know hes 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 trumps 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 hes 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 its 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 70yearold overweight man can beat this, anybody can, and thats 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, well give you the final word. I dont think theyre 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 dont 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, final word. 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 theyre going out and theyre excited about voting, theyre excited about making sure that we protect the very things that people hold dear. I think theyre fired up to have real change. And so i expect, as this continues to go on, this sham of a hearing, which we know shouldnt be happening because of Court Packing by republicans, i think that its going to fire more and more people up to stand in those lines, to make sure theyre 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 the seven wonders of the world. All by herself. Knowing who we are is hard. Its hard. Eliminate who you are not first, and youre going to find yourself where you need to be. The race is never over. The journey has no port. The adventure never ends, because we are always on the way. Vicks vapopatch. Easy to wear with soothing vicks vapors for her, for you, for the whole family. Trusted soothing vapors, from vicks what . whatever you have at home, knorr sides can turn nutritious veggies into mouthwatering meals. Veggies taste amazing with knorr. Alexa, tell roomba to vacuum in front of the couch. Experience clean in a whole new way. Now roomba offers you personalized cleaning suggestions and vacuums exactly where you need it. By getting to know you and your home, roomba makes cleaning easier than ever before. So say goodbye to cleaning and hello to clean. Hey google, tell roomba to vacuum the dining room table. Roomba and the irobot home app. Only from irobot. Roomba and the irobot home app. Unlike ordinary memory want supplementster . Neuriva has clinically proven ingredients that fuel 5 indicators of brain performance. Memory, focus, accuracy, learning, and concentration. Try our new gummies for 30 days and see the difference. Struggling to clean toughm mr. Clean. Bathroom messes with sprays . Then you gotta try mr. Clean magic erasers. Just wet. Squeeze. And erase tough messes around your bathtub and shower. Mr. Clean magic erasers. Theres no clean like mr. Clean about the covid19 virus. Its real. Its dangerous. And we do know how to keep you and your loved ones safe. Wear a mask. Wash your hands. Stay six feet apart. We can do this. If we do it together. Proposition 16 takes some women make as little as 42 of what a man makes. Voting yes on prop 16 helps us fix that. Its supported by leaders like Kamala Harris and opposed by those who have always opposed equality. We either fall from grace or we rise. Together. Proposition 16 provides equal opportunities, levelling the Playing Field for all of us. Vote yes on prop 16. And finally tonight, it was worth the wait. Jesse carayama is on top of the world actually, at the peak of machu picchu at the inca citadel in peru. Jesse is the only tourist let in during the pandemic. The 26yearold from japan was stuck in peru since march. The government closed down the site because of the pandemic, but now jesse is finally able to cross this amazing experience off his bucket list. Good for him. It was confucius who said, a journey of 1,000 miles begins with a single step. Thats nightline for this evening. You can watch full episodes on hulu. Well see you back here, same time tomorrow. Thanks for the company, america. Good night. What . Never. Are you kidding me . For years, the residential burden has gone up. While the corporate burden has gone down