Senate Democrats are pushing to get a resolution to the floor Wednesday afternoon that would have the Senate counsel involved in the lawsuit that threatens to invalidate Obamacare.
Democrats are aiming to get Republicans on the record to show that they will follow through on campaign promises they made during the midterm elections to guard protections for patients with pre-existing conditions, such as cancer or diabetes.
The plan is in reaction to Judge Reed O’Connor’s ruling Friday to strike down the entirety of Obamacare, including rules that insurers must cover people with pre-existing conditions, the extension of the Medicaid program to the poor, and coverage for maternity care, mental health, and substance abuse disorders. The law remains in place as 17 Democratic attorneys general plan to appeal the case, Texas v. Azar, to the U.S. Court of Appeals for the 5th Circuit in New Orleans. From there, it may go before the Supreme Court.
At a press conference with reporters, Sen. Joe Manchin, D-W.Va., called O’Connor’s ruling “absolutely misguided” and “inhumane.”
The resolution, which Democrats said they hope to pass through unanimous consent, will help to state congressional intent that the rest of the law was to remain intact, said Sen. Patty Murray, D-Wash., at the press event.
Murray said Republicans could demonstrate “they are serious” about protecting people with pre-existing conditions and other healthcare provisions in the law by joining Democrats on the vote.
The suit was originally brought by 20 Republican state officials, who asked that all of Obamacare be thrown out as a consequence of zeroing out a penalty on the uninsured. President Trump’s Department of Justice had joined the lawsuit but asked specifically that the rules on pre-existing illnesses, rather than the entirety of the law, be struck down. The rules prohibit health insurance companies from turning away sick customers, from charging them more for their illness, or from refusing to cover medical services associated with managing their conditions.
Democrats announced they were sending a letter asking the Department of Justice to defend the law.
They appeared to doubt that Republicans or the White House would sign on to the proposals. Sen. Ron Wyden, D-Ore., called the ruling “the next chapter in Donald Trump’s sabotage campaign.” Democrats have accused the administration of trying to undermine the law by cutting funding for advertising and outreach.
