Dems pressure GOP to take legal action supporting pre-existing conditions

Dems pressure GOP to take legal action supporting pre-existing conditions
© Greg Nash

Senate Democrats are targeting Republicans on health care, urging them to sign on to a resolution that would allow the Senate to intervene in a lawsuit challenging the legality of ObamaCare.

The resolution, introduced Thursday, would allow the Office of Senate Legal Counsel to intervene in a case brought by Republican attorneys general that argues ObamaCare is now unconstitutional since Congress repealed the 2010 law's individual mandate last year. 

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The Department of Justice (DOJ) has decided not to defend ObamaCare, writing in a June brief that the court should overturn provisions protecting individuals with pre-existing conditions.

That move angered both Democrats and Republicans, though Democrats argue the Senate can do something about it.

"This is a test of the Republican Party, whether or not they're going to do the right thing when it comes to protecting people with pre-existing conditions," said Sen. Bob CaseyRobert (Bob) Patrick CaseySenate Democrats launch investigation into Trump tax law regulations Advocates call for ObamaCare open enrollment extension after website glitches The US needs to lead again on disability rights MORE (D-Pa.) at a press conference Thursday. "I would hope my Republican friends who have said over and over again ... they agree with the protections for people with pre-existing protections." 

After the DOJ announced its decision not to defend ObamaCare, Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellDemocrats: McConnell impeachment trial rules a 'cover up,' 'national disgrace' Romney pledges 'open mind' ahead of impeachment trial McConnell proposes compressed schedule for impeachment trial MORE (R-Ky.) said "everybody" in the Senate "is in favor of maintaining coverage for pre-existing conditions." 

Senate Health Committee Chairman Lamar AlexanderAndrew (Lamar) Lamar AlexanderMcConnell proposes compressed schedule for impeachment trial Juan Williams: Counting the votes to remove Trump Conservative groups aim to sink bipartisan fix to 'surprise' medical bills MORE (R-Tenn.) at the time called the DOJ's decision and argument "as far-fetched as any I've ever heard."

Still, it's unlikely Republicans would sign on to the resolution, which is led in large part by vulnerable Senate Democrats up for reelection in November, including Joe DonnellyJoseph (Joe) Simon DonnellyGinsburg health scare raises prospect of election year Supreme Court battle Watchdog accuses pro-Kavanaugh group of sending illegal robotexts in 2018 Lobbying world MORE (Ind.), Heidi HeitkampMary (Heidi) Kathryn HeitkampSusan Collins set to play pivotal role in impeachment drama Pro-trade group launches media buy as Trump and Democrats near deal on new NAFTA The Hill's Morning Report — Biden steadies in third debate as top tier remains the same MORE (N.D.), Joe ManchinJoseph (Joe) ManchinTrump's trial a major test for McConnell, Schumer Poll: West Virginia voters would view Manchin negatively if he votes to convict Trump Pelosi set to send impeachment articles to the Senate next week MORE (W.Va.) and Claire McCaskillClaire Conner McCaskillThe most expensive congressional races of the last decade McCaskill: 'Mitch McConnell has presided over absolutely destroying Senate norms' Claire McCaskill: Young girls 'are now aspiring' to be like Warren, Klobuchar after debate MORE (Mo.).  

Casey, Jon TesterJonathan (Jon) TesterI'm a conservative against Citizens United Pelosi set to send impeachment articles to the Senate next week Pelosi says she'll send articles of impeachment to Senate 'soon' MORE (Mont.) and Sherrod BrownSherrod Campbell BrownSunday shows - All eyes on Senate impeachment trial Senate Democrat: 'Fine' to hear from Hunter Biden Sunday shows preview: Lawmakers gear up for Senate impeachment trial MORE (Ohio), who are also running in competitive races this year, signed on to the resolution, as did Catherine Cortez MastoCatherine Marie Cortez MastoSenate Democrats launch investigation into Trump tax law regulations DSCC endorses combat veteran MJ Hegar in Texas race to unseat Cornyn Senate confirms Trump's 50th circuit judge, despite 'not qualified' rating MORE (Nev.), who isn't up for reelection until 2022.

Sixteen Democratic attorneys general won the right to intervene in the case in May and have been defending ObamaCare in court.