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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.

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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) ManchinVoters split on eliminating the filibuster: poll OVERNIGHT ENERGY: Barrasso to seek top spot on Energy and Natural Resources Committee | Forest Service finalizes rule weakening environmental review of its projects | Biden to enlist Agriculture, Transportation agencies in climate fight Barrasso to seek top spot on Energy and Natural Resources Committee MORE (D) in West Virginia, and Josh Hawley, who is challenging Sen. Claire McCaskillClaire Conner McCaskillDemocrats must turn around Utah police arrest man driving 130 mph claiming he was going to kill former Missouri senator McCaskill congratulates Hawley on birth of daughter 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 AlexanderTrump tells GSA that Biden transition can begin Democrats gear up for last oversight showdown with Trump Trump nominee's long road to Fed may be dead end 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 McConnellFeinstein to step down as top Democrat on Judiciary Committee Voters want a strong economy and leadership, Democrats should listen On The Money: Biden to nominate Yellen for Treasury secretary | 'COVID cliff' looms | Democrats face pressure to back smaller stimulus 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 HellerOn The Trail: Democrats plan to hammer Trump on Social Security, Medicare Lobbying World Democrats spend big to put Senate in play 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 MacArthurChamber-backed Democrats embrace endorsements in final stretch Republican David Richter wins NJ primary in race to challenge Rep. Andy Kim What to watch in New Jersey's primaries on Tuesday 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 TrumpBiden team wants to understand Trump effort to 'hollow out government agencies' Trump's remaking of the judicial system Overnight Defense: Trump transgender ban 'inflicts concrete harms,' study says | China objects to US admiral's Taiwan visit 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 CramerThe Hill's Morning Report - Presented by the UAE Embassy in Washington, DC - Calls mount to start transition as Biden readies Cabinet picks Pressure grows from GOP for Trump to recognize Biden election win Sunday shows - Virus surge dominates ahead of fraught Thanksgiving holiday MORE, who is seeking to unseat Sen. Heidi HeitkampMary (Heidi) Kathryn HeitkampFive House Democrats who could join Biden Cabinet Biden names John Kerry as 'climate czar' in new administration OVERNIGHT ENERGY: Barrasso to seek top spot on Energy and Natural Resources Committee | Forest Service finalizes rule weakening environmental review of its projects | Biden to enlist Agriculture, Transportation agencies in climate fight MORE (D) in North Dakota, and Mike Braun, who is challenging Sen. Joe DonnellyJoseph (Joe) Simon DonnellyBiden and Schumer face battles with left if Democrats win big Harris walks fine line on Barrett as election nears The Hill's Morning Report - Sponsored by JobsOhio - Showdown: Trump-Biden debate likely to be nasty 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 GrahamFeinstein to step down as top Democrat on Judiciary Committee Democrats face increasing pressure to back smaller COVID-19 stimulus Media and Hollywood should stop their marching-to-Georgia talk MORE (R-S.C.) and Bill CassidyBill CassidyBottom line Loeffler isolating after possible COVID-19 infection Rick Scott tests positive for coronavirus 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 SchumerChuck SchumerUS national security policy in the 117th Congress and a new administration Voters say Biden should make coronavirus vaccine a priority: poll New York City subway service could be slashed 40 percent, officials warn MORE (N.Y.) said at a press conference Tuesday.

House Democratic Leader Nancy PelosiNancy PelosiVoters want a strong economy and leadership, Democrats should listen On The Money: Biden to nominate Yellen for Treasury secretary | 'COVID cliff' looms | Democrats face pressure to back smaller stimulus Democrats face increasing pressure to back smaller COVID-19 stimulus MORE (Calif.) likewise called a press conference for Wednesday to attack the Trump administration’s decision.

Sen. Cory GardnerCory GardnerHillicon Valley: Trump fires top federal cybersecurity official, GOP senators push back | Apple to pay 3 million to resolve fight over batteries | Los Angeles Police ban use of third-party facial recognition software Senate passes bill to secure internet-connected devices against cyber vulnerabilities Democrats vent to Schumer over Senate majority failure 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.