Senate GOP blocks bid to intervene in ObamaCare case

Senate Republicans on Wednesday blocked a vote on a resolution that would have allowed the Senate to intervene in a federal lawsuit against ObamaCare.

Democrats asked for unanimous consent to authorize the Senate legal counsel to defend ObamaCare in court after a district judge in Texas declared the entire law unconstitutional last week.

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The case is almost certainly headed for an appeal. 

Sen. John BarrassoJohn Anthony BarrassoTo stave off a recession, let's pass a transportation infrastructure bill Overnight Defense: GOP wary of action on Iran | Pence says US 'locked and loaded' to defend allies | Iran's leader rules out talks with US GOP senator: Iran is behind attack on Saudi Arabia MORE (R-Wyo.) objected to a vote on the resolution and accused Democrats of playing politics. Only one senator needs to object to block a unanimous consent motion.

“Regardless of what happens in this legal process, we look to protect people with pre-existing conditions,” Barrasso said. 

Democrats argue that Republicans should want the Senate to intervene if they support protections for people with pre-existing conditions. 

“If people say we all have sympathy and empathy for people with pre-existing conditions, if you want to protect then ... at least allow us to move forward on a unanimous consent so we can fight and have a fighting chance, as this thing will be appealed to the higher courts,” Sen. Joe ManchinJoseph (Joe) ManchinOvernight Energy: Perry to step down as Energy secretary | Future of big-game hunting council up in the air | Dems lose vote against EPA power plant rule Senate Dems lose forced vote against EPA power plant rule Schumer seeks focus on health care amid impeachment fever MORE (D-W.Va.) said.

Democrats have tried to tie the lawsuit to Republicans because the Trump administration declined to defend against the lawsuit filed by 20 Republican attorneys general. 

The attorneys general argued that ObamaCare is unconstitutional because it can’t stand without the individual mandate, which Congress repealed last year.

The administration argued that patient protections in the law, including those for people with pre-existing conditions, will be unconstitutional once the mandate penalty repeal takes effect Jan. 1.

“It is not too late for you to condemn this decision by requesting a stay and taking steps to defend the Affordable Care Act [ACA] moving forward,” Senate Democrats wrote in a letter to President TrumpDonald John TrumpDemocratic senator rips Trump's 'let them fight' remarks: 'Enough is enough' Warren warns Facebook may help reelect Trump 'and profit off of it' Trump touts Turkey cease-fire: 'Sometimes you have to let them fight' MORE on Wednesday.

“The ACA is, quite simply, the law of the land, and it is your Administration’s duty to defend it.”

Democratic attorneys general, led by California’s Xavier BecerraXavier BecerraProgressive group releases Supreme Court shortlist for 2020 Democrats Trump administration ends five-year oil and gas drilling moratorium in California  Feds won't pursue charges against Sacramento officers who fatally shot Stephon Clark MORE, won the right to intervene and defend the law over the summer, and have vowed to appeal the decision.

House Democrats have said they will vote to intervene in the lawsuit once they assume the majority in January.