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Soon, Biden to Speak on Health Care as Supreme Court Hears Arguments on ACA; Kamala Harris & Joe Biden Speaks on Health Care. Aired 2:30-3p ET

Aired November 10, 2020 - 14:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


[14:30:00]

DANA BASH, CNN CHIEF POLITICAL CORRESPONDENT: So this is the core of what we expect him to talk about, the need to keep this, this law in place.

BRIANNA KEILAR, CNN HOST: And I wonder, Gloria, how much -- you know, when you talk about what he wants to do, it obviously would help if he had the Senate to do some of the things he wanted.

And we just don't know if that's going to happen. We won't know until January 5th or so.

GLORIA BORGER, CNN CHIEF POLITICAL ANALYST: We won't. And I think he's going to reiterate how important it is to preserve pre-existing conditions, which is, of course, what this campaign was about.

We see him there. I'm wondering if he's going to talk about the congratulatory --

KEILAR: Let's --

BORGER: OK, go ahead. Let's listen in.

KEILAR: Let's listen.

SEN. KAMALA HARRIS (D-CA) & VICE-PRESIDENT-ELECT OF THE UNITED STATES: Today, the Supreme Court heard arguments in a case that could strike down the Affordable Care Act in its entirety.

If the Supreme Court agrees with the opponents of the act, their decision could take health care away from 20 million Americans.

It could take away protections from more than 100 million people with pre-existing conditions in our country and hurt the millions of Americans, who have come to rely on the Affordable Care Act.

Getting rid of the Affordable Care Act will take us backwards, to a time when people could charge a woman more for her health care than they could charge a man, simply because she's a woman.

To a time when pregnancy could be considered a pre-existing condition. It will take away free birth control and drop contraceptive coverage for women. This is all happening when our country is suffering through a pandemic

that has claimed more than 238,000 lives.

And we all know that if the Affordable Care Act is struck down communities of color would be hit particularly hard, black, Asian, Hispanic and Native American.

Because they are at a greater risk of pre-existing conditions from asthma, to diabetes, to lupus. And they are also three times as likely to contract COVID-19, and twice as likely to die as others.

Now, I know we all know that we just had an election in America. An election where health care was very much on the ballot.

Our country had a clear choice in this election. Each and every vote for Joe Biden was a statement that health care in America should be a right and not a privilege.

Each and every vote for Joe Biden was a vote to protect and expand the Affordable Care Act, not to tear it away in the midst of a global pandemic.

And Joe Biden won the election decisively, with more votes than have ever been cast in American history.

It amounts to 75 million voices and counting calling on the Supreme Court to see this case for what it is, a blatant attempt to overturn the will of the people.

And the president-elect and I cannot let that happen.

And now it is my honor to introduce President-Elect Joe Biden.

JOE BIDEN, PRESIDENT-ELECT OF THE UNITED STATES: Thank you, Kamala.

Good afternoon, everyone.

This morning, as we stated, the United States Supreme Court heard oral arguments on the case of great importance to the American people.

This case represents the latest attempt by the far-right idealogues to do what they've repeatedly failed to do for a long time.

In the courts, in the Congress, in the court of public opinion, over the last decade to eliminate the entirety of the Affordable Care Act.

Twice already the Supreme Court upheld the landmark law, in 2012 and again in 2015.

And the Congress, expressing the popular will of the American people on a bipartisan basis, has rejected numerous attempts, numerous efforts by President Trump to eradication the law as well.

Now in the middle of a deadly pandemic that has infected more than 10 million Americans, nearly one in every 32 Americans, often with devastating consequences to their health, these ideologues are once again trying to strip health coverage away from the American people.

The goal of the outgoing administration is clear in the brief they filed in the Supreme Court. It asserts, and I quote, "The entire ACA thus must fall," end of quote.

[14:35:06]

Now I'm not naive about the fact that health care is an issue that has divided Americans in the past. But the truth is the American people are more united on this issue today than they are divided.

Recently as last month, a leading survey found the American people want to keep the Affordable Care Act in place by an overwhelming margin of 58 percent to 36 percent.

And 79 percent of American people, including nine out of 10 Democrats, eight out of 10 Independents, and two-thirds of Republicans, want to keep the ACA protections for people with pre-existing conditions, which would be eliminated if this lawsuit were to succeed.

This doesn't need to be a partisan issue. It's a human issue. It affects every single American family.

We can't subvert the growing consensus to the American people based on an argument put forward in the brief seeking to invalidate the law, that even many conservative legal scholars, including in "The National Review" considered to be, quote, "ridiculous."

Let's be absolutely clear what's at stake. The consequences of the Trump administration's argument are not epidemic or extraction. For many Americans, they are a matter of life and death in a literal sense.

This argument will determine whether health care coverage of more than 20 million American, who acquired it under the Affordable Care Act, will be ripped away in the middle of the nation's worst pandemic in a century.

Over 100 million people, as the vice president-elect pointed out. Over 100 million people with pre-existing conditions like asthma, diabetes, cancer, could once again be denied coverage.

Whether complications from COVID-19, like lung scarring, heart damage, would be the next flood of pre-existing conditions used as an excuse to jack up premiums or deny coverage altogether.

For millions of survivors who struggled won and fought the coronavirus, fought against the loss of their life.

This argument is going to determine whether women, as was pointed out, will once again be charged higher premiums just because they're women.

Or seniors will see prescription drug costs go up. And like kids who, whether or not they can stay on their parents plans until age 26.

Whether annual lifetime benefits will be reimposed so someone can walk in and say, die in peace. You've run out of your coverage.

This isn't hyperbole. It's real. As real as it gets.

When a family is faced with the awful news of a child's diagnosis with leukemia or a mom forced to battle against breast cancer, an accident that leaves loved ones unable to live the life they've always known, it stops your heart. It stops your heart.

It wrenches your entire world off its axis when that happens. And many of you know that from your own personal experiences.

Believe me. I know the feeling. And too many American family do as well.

In that moment, the very last thing on your mind, the very last thing should be on your mind is whether you can afford the treatment, afford -- the Affordable Care Act was created to put a stop to that inhumanity.

It was created to ensure that families thrust into the worst nightmare of their lives could focus not on money but on the fight that really matters.

Obamacare is the law that every American should be proud of. It's why people with pre-existing conditions are protected in this country.

It's a law that delivered vital coverage, as I said before, for 20 million Americans that did not have coverage.

It's a law that reduced prescription drug price costs for nearly 12 million seniors. A law that saved lives and spread countless families from financial ruin.

So this effort to bypass the will of the American people, the verdict of the courts in the past, the judgments of Congress, in my view, is simply cruel, and needlessly divisive.

Regardless of the outcome of this case, I promise you this: Beginning on January 20th, the Vice President-Elect Harris and I, we're going to do everything in our power positive ease the burden of health care on you and your family. I promise you that.

I will protect your health care like I protect my own family. We've been unfortunately significant consumers of health care.

That starts by building on the Affordable Care Act with dramatic expansion of health care coverage and bold steps to lower health care costs.

My transition team will soon start its work to flesh out the details so we can hit the ground running, tackling costs, increasing access, lowering price of prescription drugs.

[14:40:10]

Families are reeling. Particularly the reporters in this room and others, listen, you've interviewed a lot of these people as you've gone all over the country as you've gone all over the world -- all over the country.

Enduring illnesses, faced with risky choices, losing their employ plans in droves. Over 10 million have already lost employer plans. They need a lifeline and they need it now.

They shouldn't have to hold their breath. They shouldn't be in that position, waiting to see if the Supreme Court will wrench away their peace of mind they've come to now rely on.

So we're going to get right to work, I promise you, addressing the issues of families, that families are talking about around their kitchen tables this morning.

Making sure they can get to bed tonight with a peace of mind that they deserve. And fulfilling our moral obligation to ensure that here in America health care is a right for all. Not a privilege for a few.

So come January, we're going to work quickly with the Congress to dramatically ramp up health care protections. Get Americans universal coverage. Lower health care costs as soon as humanly possible. That's the promise I make to you.

We're going to fight for your family's health coverage the same way we fight for our own family's health coverage.

We want every single American to know, if you're sick, if you're struggling, if you're worried about how you're going to get going and get through the day, we will not abandon you. That is a promise.

We will not leave you to face these challenges alone. We're going to get through this. We're going to get through it together.

And we're going to build health care system, one that puts you and your family first and that every American can be proud of.

I want to thank you all for listening. May God bless you. May God keep you safe in this COVID environment. And may God protect our troops.

Now I'm told we're going to have -- take five questions? Thereabout?

UNIDENTIFIED FEMALE: (INAUDIBLE)

BIDEN: OK.

UNIDENTIFIED REPORTER: Thank you, Mr. President-Elect.

During the campaign, you said that you were not naive how difficult it would be to unite the country.

It's now three days after you were projected as president-elect, the president himself said he has won this election. His own administration has not moved forward to give you access to what you need to do to begin the work of your transition. Just a few minutes ago, the secretary of state, when asked if he would

cooperate with a smooth transition, he said there will be a smooth transition to a second Trump administration.

I wonder if you have a message for the president who may well be watching right now?

And how do you expect to be able to work with Republicans when so many have thus far refused to even acknowledge your victory?

BIDEN: First of all, we are beginning the transition and are well under way. And the ability for the administration in anyway by failure to recognize our win does not change the dynamic at all on what we're able to do.

We've announced yesterday, as you know, the health group put we together today.

We're going to be going -- moving along in a consistent manner, putting together our administration in the White House and reviewing who we're going to pick for the cabinet positions. And nothing's going to stop that.

And so I'm confident that the fact they're not willing to acknowledge me, one, at this point, is not of much consequence in our planning and what we're able to do between now and January 20th.

(CROSSTALK)

UNIDENTIFIED REPORTER: -- in response to Secretary Pompeo? And I also wondered --

(LAUGHTER)

UNIDENTIFIED REPORTER: I also wonder, you warned during the campaign that as the walls closed in by the president he would behave more erratically.

Yesterday, he fired his defense secretary on Twitter. Are you worried he's disabling the government?

And what do you say to world leaders who are calling you at this point?

BIDEN: I'm letting them know that America is back. We're going to be back in the game. It's not America alone. Number one.

I've had the opportunity to speak with now six world leaders. And -- and the response has been very fulsome and energetic.

And they're all looking forward to being able to -- from Great Britain to France to Germany to Canada, et cetera, and Ireland.

So I feel good about the ability to -- I said when we announced that the next president is going to inherit a divided country and a world in disarray. [14:45:08]

The reception and welcome we've gotten around the world from allies and friends has been real. I'm having a number of other calls to return.

And so I feel confident that we're going to be able to put America back in a place of respect that it had before.

UNIDENTIFIED FEMALE: (INAUDIBLE QUESTION)

UNIDENTIFIED REPORTER: Mr. President-Elect, Senate majority leader, Mitch McConnell, has suggested today he may not recognize the outcome of this election until the Electoral College meets next month.

Have you spoken to your longtime friend in the Senate, Mr. McConnell? And what do you make of his specific comments over the last 24 hours?

BIDEN: I haven't had a chance to speak to Mitch. My expectation is that I will do that in the not-too-distant future.

I think that the whole Republican Party has been put in a position, with a few notable exceptions, of being mildly intimidated by the sitting president.

But there's only one president at a time. He's president. We're going to have -- the Electoral College making judgment in December, be announced in early January.

Meantime, I hope to get a chance to speak to Mitch.

UNIDENTIFIED REPORTER: I'd like to follow-up. Without transition funding, will you be able to go through with the proper transition needed?

Would you like access to the PDB? And will you authorize legal action or would that be too divisive, do you believe?

BIDEN: We can get through without the funding. We're in a position that we feel very good about our -- there's nothing that slows up our efforts to put things together.

Obviously, the PDB is useful but it's not necessary. I'm not the sitting president now. So we don't see anything that's slowing us down, quite frankly.

UNIDENTIFIED REPORTER: Thank you.

UNIDENTIFIED FEMALE: (INAUDIBLE)

UNIDENTIFIED REPORTER: Thank you, Mr. President-Elect. And congratulations to you both.

Have you tried to reach out at all to the president? And if he is watching now what would you say to him?

BIDEN: Mr. President, look forward to speaking with you.

UNIDENTIFIED REPORTER: And you say that you are being able to move ahead without interruption. But to just point, presumably at some point you will need access to more classified information to secure facilities and the like.

What options are you considering? How will you move ahead if the president continues to refuse to concede?

BIDEN: Well, look, access to classified information is useful, but I'm not in a position to make any decisions on those issues anyway.

There's on president -- as I said, one president at a time. And he will be president until January 20th.

It would be nice to have it but it's not critical.

And that said, we're just going to proceed the way we have. We're going to do exactly what we'd be doing if he had conceded, and said, we've won, which we have, and so there's nothing really changing.

UNIDENTIFIED REPORTER: But not ruling out legal action?

BIDEN: No, I don't see a need for legal action, quite frankly. I think the legal action is, you're seeing it play out, the actions he's taking.

And so far, there's no evidence of any of the assertions made by the president or the Secretary of State Pompeo.

(LAUGHTER

BIDEN: Secretary of State Pompeo.

UNIDENTIFIED FEMALE: (INAUDIBLE)

UNIDENTIFIED REPORTER: Thank you, Mr. President-Elect.

Democrats are on track to lose a handful of seats in the House of Representatives. That could make it harder to pass legislation with just Democratic votes.

I'm curious, how does that impact your plans for what priorities you think you can get through this Congress, especially if the Senate remains in view of control.

And during the lame-duck, will you be coordinating with Speaker Pelosi on how she should negotiate with Republicans?

BIDEN: I have spoken to the leader. And I've spoken to the minority leader in the House. And one of the urgent things that need be done is people need relief right now. Right now.

Small businesses, people who are about to be evicted from their homes, because they can't pay their mortgage, unemployment insurance.

You know, what it's going to happen is, we're going to see what people don't realize is the failure to provide state and local assistance.

And you're going to see police officers, fire firefighters, first responders laid off. And I think the pressure is going to build.

[14:49:59]

But -- the fact is that I would hope that the president at least has the -- the sensitivity and knowledge to know that are in real trouble right now, between now and the time we get elected, till we get sworn in.

It's my hope and expectation -- I'm sure that the speaker of the House as well as the minority leader are working right now on the priorities that they have laid out.

UNIDENTIFIED REPORTER: Do you plan to be active in those negotiations working with Speaker Pelosi to represent Democrats at the table?

BIDEN: We've been talking, and they know my views, and I support what they're doing.

UNIDENTIFIED REPORTER: My second question was about the Senate. Do you plan to campaign in Georgia before your inauguration to help Democrats in the two runoff races there as they try to flip the Senate?

And how important is a Democratic-held Senate to your agenda?

BIDEN: Obviously, it would be much better if we had a tie in the Senate, which means that Ms. Vice President would become incredibly important, beyond which she already is.

But we're going to do anything we can that they think we can do to help.

UNIDENTIFIED REPORTER: Does the Democratic Senate help your cabinet chances? Does that change how you consider who to nominate to cabinet posts?

BIDEN: I don't think so. I take McConnell at his word. I understand he said he will make it clear who he is prepared to support and not support. And that's a negotiation that I'm sure we'll have.

Look, one of the things that I would do as president-elect and when I become president is lay out to Republicans as well as the Democrats who we intend to name for each cabinet position.

I hope we're able to be in a position to let people know, at least a couple that we want before Thanksgiving, and we'll just work this out.

Look, I am not a pessimist, as you know. And I think that there are enough Republicans who have already spoken out.

And I think there will be many more -- not many more, there will be a larger number once the election is declared and I'm sworn in, to be able to get things done. I think they understand. For example, I can't imagine there not being a willingness on the part

of Republicans -- there's going to be significant pressure to deal with health care. Their own constituencies are in that position.

I'm not -- I think we can get a lot done.

UNIDENTIFIED REPORTER: Thank you.

UNIDENTIFIED FEMALE: (INAUDIBLE)

UNIDENTIFIED REPORTER: Sir, what do you say to the Americans that are anxious over the fact that President Trump has yet to concede? And what that might mean for the country?

BIDEN: Well, I just think it's an embarrassment, quite frankly. The only thing that -- how can I say this tactfully? I think it will not help the president's legacy.

I think that -- I know from discussions with foreign leaders thus far that they are hopeful that the United States' democratic institutions are viewed once again as being strong and enduring.

But I think at the end of the day, it's all going to come to fruition on January 20th.

And between now and then, my hope and expectation is that the American people do know and do understand that there has been a transition, even among Republicans who are people who voted for the president.

I understand the sense of loss. I get that. But I think that the majority of the people who voted for the president -- a lot voted for him. A significantly smaller number, but a lot voted for him.

I think they understand that we have to come together. I think they're ready to unite.

And I believe we can pull the country out of this bitter politics that we've seen for the last five, six, seven years.

UNIDENTIFIED REPORTER: Just to follow up on a previous question, how do you expect to work with Republicans if they won't even acknowledge you as president-elect?

BIDEN: They will. They will.

Thank you all so very much. Thank you.

UNIDENTIFIED FEMALE: (INAUDIBLE)

KEILAR: All right. Let's talk about what we just heard there with Dana Bash, Gloria Borger and Laura Coates.

What did you think, Gloria? We heard him say Donald Trump refusing to concede is an embarrassment. He also said it's not of much consequence. He doesn't see a need for legal action. And he says the American

people -- he said they will accept him as the president-elect and, of course, the president.

[14:55:01]

What did you think about what you just heard?

BORGER: I think what we just saw was a very subdued president-elect. And I think that was purposeful.

He did not want to come out there fighting at this point. He wanted to appear presidential because he is going to be president.

And he also said something about the Republican Party. And he said that they were mildly intimidated by a sitting president.

And he let it be known and just kind of dropped the names of the countries whose leaders he has heard from, who are our strongest allies, like Britain and France and Germany. And saying that he had spoken with those leaders.

When he was asked about Mike Pompeo, he just kind of smiles.

And then he said, look, I'm not a pessimist. At some point, this country has to come together. He made it clear whether it has to be in December or earlier or January 20th that he with be president.

And then when asked about what he would like to say to the president, you know what he's probably thinking in that bubble over his head.

But what he really said, what he said was I look forward to speaking to you.

So very presidential. And those of us who know Joe Biden, very subdued and short answers.

(CROSSTALK)

BASH: Very Joe Biden. Well, except for that part.

(LAUGHTER)

BORGER: Yes. Except for that part.

(LAUGHTER)

(CROSSTALK)

KEILAR: What do you think, Dana?

DASH: Yes, I mean, absolutely.

He was trying to, first of all, keep everybody calm, particularly in the wake of the secretary of state's comments in the last hour or two talking about a second Trump administration, which no one thinks will happen anywhere on planet earth.

The other thing that struck me on that same thread is, he was asked about whether or not he thinks he has the tools to begin the transition, and he said yes.

Does he have to sue? He doesn't think so.

Does he need access to the PDB, which is the Presidential Daily Brief, which, in practice, it is customary for the president-elect to begin to get that to get kind of read in on the biggest threats to America that president's get every day.

No, he doesn't need to. One president at a time.

So he is -- look, this is a -- just to state the obvious, this is a very tense time. And there's so much uncertainty here within America that the president-elected alluded to, that he's trying to just, everybody, it's going to be OK, everybody keep calm.

And the other thing I though was really interesting, on the last question Gloria noted, when asked something about the president, he said it's embarrassing. But he also said, it will not help the president's legacy.

BORGER: Right.

BASH: To me, that was appealing to the guy who has his name in giant letters on every property he's ever owned or leased. Remember, this is not what you want to be remembered for.

I don't think it's going to work, but I thought that was an interesting appeal.

KEILAR: Yes.

(CROSSTALK)

KEILAR: I don't think that's going to work, either, Dana.

(LAUGHTER)

KEILAR: But, Laura, it's interesting, because he did say, even as his campaign is starting to wisen up to the fact that they may have to get more aggressive and take some action, he's saying legal action won't be necessary on transition resources.

LAURA COATES, CNN SENIOR LEGAL ANALYST: I found myself listening to this press conference thinking, what is so odd about it.

The immediate thing that struck me is I have a president right now, a president-elect who is answering the questions of the media and allowing us to be able to delve into his mindset as opposed to having to conjure up and extrapolate.

And that was very refreshing in and of itself. But he also did make that statement about not having a necessity for

litigation.

I think he was also pointing to the idea that there had not been any of the widespread irregularities the president was speaking about as a need for the president to actually engage in litigation.

And furthermore, the idea that his legacy and tenure, as having been a former vice president, he doesn't have the same learning curve, perhaps, that others do to be read up, to be prepared for day one.

We still have the same issues about not having the ability to have the issues about disclosures and comparative interest forms filled out, available to people right now to hit the ground running.

Which is part of what has been the legal legacy of this administration, having these Emoluments Clause issues and financial conflict.

But I also heard one other word that I want to point out. He began talking about the Affordable Care Act here, Brianna. He talked about the idea of the overwhelming reliance that the American have had on this legislative act.

And that is similar to what then confirmed nominee, Justice Amy Coney Barrett, was speaking about, the idea of not wanting to overturn precedent when there had been a long-standing reliance and could be detrimental to the American people.

He was conjuring up that last image and potentially showing his thoughts on how he thought the Supreme Court would go.

[14:59:59]

But all in all, this was really a cool-hand, cooler-heads-prevail sort of press conference, hoping to, on the one hand, tell foreign leaders I'm hear, I'll be there January 20th.