Democratic presidential candidate described the Republican-led Senate’s confirmation of Supreme Court Justice Amy Coney Barrett as ‘rushed and unprecedented,’ and called on those who disagree with the confirmation to head to the polls.

“The rushed and unprecedented confirmation of Amy Coney Barrett as associate justice to the Supreme Court, in the middle of an ongoing election, should be a stark reminder to every American that your vote matters,” Biden said in a statement on Monday night, Oct. 26.

Earlier, the Senate voted 52-48 to confirm Barrett to take a seat on the U.S. Supreme Court, making her the fifth female justice in the high court’s history.

Barrett is President Donald Trump’s third Supreme Court nomination. In 2017 and 2018, the president’s two nominations, Neil Gorsuch and Brett Kavanaugh, were confirmed, respectively. 

In his statement released after Barrett was sworn, Biden argued that President Trump quickly chose Barrett, following the death of Justice Ruth Bader Ginsburg in late September, to help dismantle the Affordable Care Act, also known as “Obamacare.”

The Supreme Court is scheduled to hear oral arguments on the Affordable Care Act on Nov. 10—one week after the election.

“Just a few days after Election Day next week, the Supreme Court will hear the case on the Affordable Care Act. While panicked and erratic in mishandling the pandemic, Donald Trump has been crystal clear on one thing—for the past four years, and again just last night on “60 Minutes”—he wants to tear down the Affordable Care Act in its entirety and take away your health care and protections for pre-existing conditions,” Biden wrote.

“This goal—the goal of the Republican Party for 10 years—was a litmus test in selecting this nominee, regardless of the damage done to the U.S. Senate, to Americans’ faith in the legitimacy of the Supreme Court, and to our democracy, and regardless of how the Affordable Care Act has protected hundreds of millions of people before and during the pandemic,” he added.

Biden called the pre-election confirmation “abuse of power” and urged voters to “turn out and vote.”

“If you want to protect your health care, if you want your voice to be heard in Washington, if you want to say no, this abuse of power doesn’t represent you—then turn out and vote,” he wrote.

Donald Trump during his 2016 campaign promised to repeal and replace Obamacare, and his administration did away with Obamacare’s individual mandate—requiring most Americans to have the plan or pay a penalty—and eliminated the penalty for not having insurance.

In a tweet on Sept. 27, President Trump wrote, “Obamacare will be replaced with a MUCH better, and FAR cheaper, alternative if it is terminated in the Supreme Court. Would be a big WIN for the USA!”

The president has also revealed that his administration introduced America First Health Care Plan, which will deliver better care with more choice at a much lower cost and ensure Americans have access to the care they need.

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