Republicans are keeping their distance from a recent court ruling that struck down ObamaCare, as GOP lawmakers are wary of the political backlash that could ensue from scrapping the law.
Many congressional Republicans remain silent after a federal judge on Friday struck down the Affordable Care Act in its entirety. And those who have spoken out largely steered clear of embracing the decision.
The muted response illustrates how the politics of the 2010 health law have shifted, with Democrats successfully hammering Republicans during the 2018 midterms over GOP efforts to weaken the law’s pre-existing condition protections.
Sen. Roy BluntRoy Dean BluntRoy Blunt has helped forge and fortify the shared bonds between Australia and America The Hill's Morning Report - Presented by Alibaba - Biden jumps into frenzied Dem spending talks Congress facing shutdown, debt crisis with no plan B MORE (Mo.), a member of Senate GOP leadership, wouldn't say this week whether he supported the judge’s decision.
“The thing to remember about the judge's ruling is it has no immediate impact,” Blunt said Sunday on NBC’s “Meet the Press.”
He also suggested that Democrats will have a field day with the ruling.
“Health care will be used as a political issue way beyond the ramifications of one district judge making a ruling that has no immediate impact,” Blunt said.
Indeed, Democrats seized on the judge’s decision and used it to attack Republicans, a line of criticism they said will continue into the 2020 campaign.
“Republicans are fully responsible for this cruel decision and for the fear they have struck into millions of families across America who are now in danger of losing their health coverage,” House Democratic Leader Nancy PelosiNancy PelosiOn The Money — House pushes toward infrastructure vote US mayors, Black leaders push for passage of bipartisan infrastructure bill Lawmakers say innovation, trade rules key to small business gains MORE (Calif.) said in a statement.
Pelosi plans to move quickly next month to hold a vote on having the House intervene in the lawsuit, which Democrats hope will put many Republicans in tough spot. Senate Democratic Leader Charles SchumerChuck SchumerDemocrats press Schumer on removing Confederate statues from Capitol Democrats' do-or-die moment Biden touts 'progress' during 'candid' meetings on .5T plan MORE (N.Y.) said he will push for a similar vote in the Senate.
“It puts a lot of our Republicans in a box,” Schumer said Sunday on NBC.
Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellWe don't need platinum to solve the debt ceiling crisis The Hill's Morning Report - Presented by Alibaba - Democrats argue price before policy amid scramble House passes standalone bill to provide B for Israel's Iron Dome MORE (R-Ky.) has not issued a statement about the ruling.
Sen. John CornynJohn CornynSenate panel advances antitrust bill that eyes Google, Facebook Democrats up ante in risky debt ceiling fight Senate parliamentarian nixes Democrats' immigration plan MORE (Texas), the No. 2 GOP senator, declined to say Monday whether he supported the lawsuit.
“Politicians opining on what they think judges should or should not do, I don't put a lot of stock in that,” Cornyn said in response to a reporter's question.
Sen. Joni ErnstJoni Kay ErnstOvernight Defense & National Security — Presented by AM General — Afghan evacuation still frustrates Bipartisan momentum builds for war on terror memorial GOP senators unveil bill designating Taliban as terrorist organization MORE (R-Iowa), who faces a potentially tough reelection bid in 2020, declined to discuss the ruling with a reporter in a Senate hallway on Monday, instead referring to her written statement.
“It is important that we protect people with pre-existing conditions, as we repeal and replace Obamacare,” she said in her statement.
The GOP tack is a stark contrast to previous lawsuits against ObamaCare in 2012 and 2015, which were enthusiastically supported by Republicans.
As the Affordable Care Act has become more entrenched, and after Republicans tried to undo much of its coverage expansion last year, the focus has shifted to the benefits that would be taken away if repeal efforts succeeded, such as popular protections for people with pre-existing conditions.
Some Republicans, including Senate Health Committee Chairman Lamar AlexanderLamar AlexanderThe Hill's Morning Report - Presented by Alibaba - Democrats return to disappointment on immigration Authorities link ex-Tennessee governor to killing of Jimmy Hoffa associate The Republicans' deep dive into nativism MORE (Tenn.), went so far as to say they expect Friday's ruling to be overturned on appeal.
“I believe that it will be overturned,” Sen. Susan CollinsSusan Margaret CollinsLooking to the past to secure America's clean energy future Collins to endorse LePage in Maine governor comeback bid McConnell privately urged GOP senators to oppose debt ceiling hike MORE (R-Maine) said Sunday on ABC, calling the decision “far too sweeping.”
Legal experts in both parties say it is extremely unlikely that the legal challenge to the law will succeed once the ruling is appealed. While the 5th Circuit Court of Appeals, the next stop for the case, is considered a conservative court, some legal experts say the challenge won't go any further, meaning it won't reach the Supreme Court.
Judge Reed O’Connor, who issued Friday’s ruling, is a George W. Bush appointee. In his ruling he wrote that the law’s mandate to have coverage is unconstitutional, and therefore the rest of the law is also invalid.
Legal experts said it is obvious that Congress wanted the rest of the Affordable Care Act to remain in place because lawmakers repealed only the mandate last year, purposely leaving the rest of the law standing.
But Friday's ruling is already poised to do some damage politically.
The Wall Street Journal editorial board, a stalwart of Republican thought, warned that the ruling could “boomerang politically” on Republicans.
President TrumpDonald TrumpJulian Castro knocks Biden administration over refugee policy Overnight Energy & Environment — League of Conservation Voters — Climate summit chief says US needs to 'show progress' on environment Five takeaways from Arizona's audit results MORE, one of the few Republicans who was enthusiastic about the decision, called the ruling “great news for America,” and urged both parties to work together on a replacement — a nearly impossible task given the divisive nature of the law.
Ford O’Connell, a GOP strategist, said he would advise Republicans not to say they support the ruling, but instead talk about the broader issue of reducing health-care costs.
“Regardless of the decision, the costs are still the problem,” he said.
“Why back yourself into a corner” by taking a position on the decision, he added.