Dems seek to leverage ObamaCare fight for midterms

Dems seek to leverage ObamaCare fight for midterms
© Greg Nash

Democrats are seizing on the Trump administration’s push in court to overturn ObamaCare’s protections for people with pre-existing conditions, hoping to leverage the issue ahead of November’s midterm elections as some Republicans rush to distance themselves from the move.

The Department of Justice’s (DOJ) decision to join a legal battle arguing that one of the most popular parts of ObamaCare should be struck down is being viewed by Democrats as a political gift, with the party apparatus quickly using the issue to attack GOP candidates and rally their base.

Ever since the DOJ joined 20 GOP-led states last week in arguing against the measure, the Democratic Senatorial Campaign Committee has been sending out a drumbeat of press releases asking Republican Senate candidates where they stand on the administration’s arguments.

Democrats are also highlighting the fact that Patrick Morrisey, who is challenging Sen. Joe ManchinJoseph (Joe) ManchinSenate Dems build huge cash edge in battlegrounds Morrisey accuses Manchin of 'lying' to Trump, attacks ‘liberal’ record The Hill's Morning Report — Trump, Putin meet under cloud of Mueller’s Russia indictments MORE (D) in West Virginia, and Josh Hawley, who is challenging Sen. Claire McCaskillClaire Conner McCaskillSenate Dems build huge cash edge in battlegrounds Senate Dems lock in million in TV airtime Why does Congress keep playing political games on FBI oversight? MORE (D) in Missouri, are two of the Republican state attorneys general who brought the lawsuit against ObamaCare in the first place.

Replying to someone asking on Twitter late last week if Hawley would “protect my two year old son’s health care,” McCaskill tweeted: “No Tyler, he won’t. He is one of the AGs bringing the lawsuit to end the protection of those with pre-existing conditions.”

The West Virginia Democratic Party also piled on against Morrisey, arguing the Republican candidate “wants to go back to the bad old days when insurance companies could deny coverage to West Virginians based on pre-existing conditions.”

Jesse Ferguson, a Democratic strategist, said that after GOP efforts to repeal ObamaCare failed last year, “Republicans wanted to change the topic and they might have been able to if Trump hadn’t sued to overturn the protections.”

“The last thing they wanted to talk about is the thing Trump is now putting front and center,” he added.

Some Republicans are now distancing themselves from the Trump administration’s position.

Sen. Lamar AlexanderAndrew (Lamar) Lamar AlexanderSens introduce bipartisan bill matching Zinke proposed maintenance backlog fix Supreme Court vacancy throws Senate battle into chaos Overnight Health Care: Anti-abortion groups see chance to overturn Roe v. Wade with Kennedy retirement | HHS watchdog to probe detention center conditions | VA pick vows to oppose privatization MORE (R-Tenn.), the chairman of the Senate Health Committee, put out a scathing statement on Tuesday night saying the administration’s argument “is as far-fetched as any I’ve ever heard.”

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellOvernight Defense: Trump tries to quell Russia furor | GOP looks to reassure NATO | Mattis open to meeting Russian counterpart Senate weighs new Russia response amid Trump backlash House passes bipartisan bill to boost business investment MORE (R-Ky.) declined to support the administration’s position when asked Tuesday, though he did not directly say he disagreed, either.

“Everybody I know in the Senate — everybody — is in favor of maintaining coverage for pre-existing conditions,” he said.

Republican strategist Ford O’Connell noted that the Trump administration’s move to argue against the ObamaCare measure in court could put vulnerable Republican incumbents at risk.

“What McConnell is trying to do is protect his Senate majority, and this issue could put folks in jeopardy like Dean HellerDean Arthur HellerSenate Dems build huge cash edge in battlegrounds Jacky Rosen hits Dean Heller over health care in first negative ad GOP moderates hint at smooth confirmation ahead for Kavanaugh MORE,” O’Connell said, referring to the Republican senator from Nevada.

“One of the top issues that fires up Democrats is health care, and obviously pre-existing conditions is popular with independents,” the GOP strategist added. “It may not be the best time to bring this up.”

Megan Taylor, a spokeswoman for Heller, said “Senator Heller believes that Nevadans with pre-existing conditions should be protected. Period.” She did not respond when directly asked whether Heller disagrees with the administration’s argument.

Rep. Tom MacArthurThomas (Tom) Charles MacArthurGOP runs into Trump tax law in New Jersey Election Countdown: Family separation policy may haunt GOP in November | Why Republican candidates are bracing for surprises | House Dems rake in record May haul | 'Dumpster fire' ad goes viral Key Republican says House taking targeted approach to combating opioid epidemic MORE (R-N.J.), a leader of the repeal effort last year who is now facing a tough reelection race, said in a statement that pre-existing condition protections are “sacrosanct” and that he does not “support the DOJ decision without an accompanying legislative fix from Congress and President TrumpDonald John TrumpTrump says he doesn't want to use 'adversary' to describe Russia Comey urges Americans to vote for Democrats in midterms Roby wins Alabama GOP runoff, overcoming blowback from Trump criticism MORE.”

A poll from the Kaiser Family Foundation during the repeal debate last year found strong backing for the pre-existing condition protection in ObamaCare: 70 percent overall supported it, including 68 percent of independents and 59 percent of Republicans.

Many Republican candidates are finding themselves in a bind. While they don’t want to be against protections for pre-existing conditions, they also don’t want to publicly break from Trump. Some are simply staying silent, at least for now.

The campaigns of Republican Rep. Kevin CramerKevin John CramerSenate Dems build huge cash edge in battlegrounds The Hill's Morning Report — Trump denigrates NATO allies, floats 4 percent solution Supreme Court vacancy throws Senate battle into chaos MORE, who is seeking to unseat Sen. Heidi HeitkampMary (Heidi) Kathryn HeitkampSenate Dems build huge cash edge in battlegrounds Bipartisan group introduces retirement savings legislation in Senate Fed chief lays out risks of trade war MORE (D) in North Dakota, and Mike Braun, who is challenging Sen. Joe DonnellyJoseph (Joe) Simon DonnellySenate Dems build huge cash edge in battlegrounds Fed chief lays out risks of trade war Doug Jones walks tightrope on Supreme Court nominee MORE (D) in Indiana, did not respond to requests for comment on the Trump administration’s argument.

A spokeswoman for Florida Gov. Rick Scott (R), who is running for Senate this year, said that the governor “supports protecting those with pre-existing conditions” and “believes every American, including those with pre-existing conditions, should have the ability to buy any kind of insurance they want.”

The spokeswoman, Kerri Wyland, did not respond when asked directly whether Scott disagrees with the administration’s argument in court.

Democrats argue that Republicans’ repeal votes last year, as well as the lawsuit joined by the Trump administration, show that they do not really support pre-existing condition protections.

The House repeal bill allowed states to waive those protections under certain conditions, as did a Senate bill from Sens. Lindsey GrahamLindsey Olin GrahamKelly lobbied Republicans to rebuke Trump after Putin press conference: report Senate weighs new Russia response amid Trump backlash Trump stuns the world at Putin summit MORE (R-S.C.) and Bill CassidyWilliam (Bill) Morgan CassidyGOP senators introduce resolution endorsing ICE Lawmakers pitch dueling plans for paid family leave New push to break deadlock on paid family leave MORE (R-La.).

Democratic leaders are turning the screws.

“You ask the American people the number one issue they care about, it’s health care, not anything else, and we are not going to get diverted,” Senate Democratic Leader Charles SchumerCharles (Chuck) Ellis SchumerThis week: GOP mulls vote on ‘abolish ICE’ legislation Red-state Dem tells Schumer to 'kiss my you know what' on Supreme Court vote Dem infighting erupts over Supreme Court pick MORE (N.Y.) said at a press conference Tuesday.

House Democratic Leader Nancy PelosiNancy Patricia D'Alesandro PelosiRoby wins Alabama GOP runoff, overcoming blowback from Trump criticism Mellman: (Mis)interpreting elections Overnight Health Care: Trump officials score a win against Planned Parenthood | Idaho residents to vote on Medicaid expansion | PhRMA, insurers weigh in on Trump drug pricing plan MORE (Calif.) likewise called a press conference for Wednesday to attack the Trump administration’s decision.

Sen. Cory GardnerCory Scott GardnerSenate weighs new Russia response amid Trump backlash Senate adds members to pro-NATO group Senators urge DOJ to probe whether Russians posed as Islamic extremist hackers to harass US military families MORE (R-Colo.), the chairman of the National Republican Senatorial Committee, countered that he thinks ObamaCare will in fact hurt Democrats.

“The Affordable Care Act, ObamaCare, is the reason we have massive price escalations despite the promises they were going to reduce the cost of care,” Gardner said. “Nobody’s going to all of a sudden think that ObamaCare is McConnellCare.”

Hawley, while backing the lawsuit against ObamaCare, said in a statement that he still supports protections for people with pre-existing conditions.

“Insurance companies should be required to cover folks with pre-existing conditions,” he said.

“The collusion plan known as Obamacare is a failure, and Senator McCaskill owns it,” he added.