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in a case brought by Republican attorneys general that argues ObamaCare is now unconstitutional since Congress repealed the 2010 law's individual mandate last year.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 press administration on human rights abuses in Philippines Biden celebrates anniversary of Americans with Disabilities Act Lawmakers introduce bipartisan Free Britney Act 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 McConnellTrump Jr. inches past DeSantis as most popular GOP figure in new poll: Axios House rejects GOP effort to seat McCarthy's picks for Jan. 6 panel Senators scramble to save infrastructure deal MORE (R-Ky.) said "everybody" in the Senate "is in favor of maintaining coverage for pre-existing conditions." 

Senate Health Committee Chairman Lamar AlexanderLamar AlexanderAuthorities link ex-Tennessee governor to killing of Jimmy Hoffa associate The Republicans' deep dive into nativism Senate GOP faces retirement brain drain 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 DonnellySupreme Court battle could wreak havoc with Biden's 2020 agenda Republicans fret over divisive candidates Everybody wants Joe Manchin MORE (Ind.), Heidi HeitkampMary (Heidi) Kathryn HeitkampJoe Manchin's secret Supreme Court battle could wreak havoc with Biden's 2020 agenda Effective and profitable climate solutions are within the nation's farms and forests MORE (N.D.), Joe ManchinJoe ManchinSenators scramble to save infrastructure deal GOP sees debt ceiling as its leverage against Biden Democrats brace for slog on Biden's spending plan MORE (W.Va.) and Claire McCaskillClaire Conner McCaskillGiuliani to stump for Greitens in Missouri McCaskill shares new July 4 family tradition: Watching Capitol riot video Joe Manchin's secret MORE (Mo.).  

Casey, Jon TesterJonathan (Jon) TesterSenators scramble to save infrastructure deal Bipartisan group says it's still on track after setback on Senate floor GOP blocks infrastructure debate as negotiators near deal MORE (Mont.) and Sherrod BrownSherrod Campbell BrownSenate Democrats press administration on human rights abuses in Philippines GOP sees debt ceiling as its leverage against Biden Sunday shows preview: Bipartisan infrastructure talks drag on; Democrats plow ahead with Jan. 6 probe MORE (Ohio), who are also running in competitive races this year, signed on to the resolution, as did Catherine Cortez MastoCatherine Marie Cortez MastoWestern US airports face jet fuel shortage Overnight Energy: Senate panel advances controversial public lands nominee | Nevada Democrat introduces bill requiring feds to develop fire management plan | NJ requiring public water systems to replace lead pipes in 10 years Nevada Democrat introduces bill requiring feds to develop fire management plan 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.