‘Medicare for all’ advocates emboldened by ObamaCare lawsuit

Progressive groups and lawmakers plan to use a Texas judge's ruling against ObamaCare to jump-start their push for “Medicare for all” in the next Congress.

Supporters of a single-payer health system are arguing that now is the time to start moving in a new direction from the Affordable Care Act, in part because they feel the 2010 health law will never be safe from Republican attempts to destroy or sabotage it.

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“In light of the Republican Party’s assault, a version of Medicare for all is necessary for the future," said Topher Spiro, vice president for health policy at the Center for American Progress. "There are just too many points of vulnerability in the current system.”

The court decision in Texas that invalidates ObamaCare in its entirety came on the heels of sweeping Democratic victories in the midterm elections, a combination that has energized advocates of Medicare for all.

“We need to do everything we can to ensure every single American has access to affordable, quality healthcare. Medicare for all has the potential to do just that as it can reduce the complexity and cost with a single payer health care system,” Rep. Debbie DingellDeborah (Debbie) Ann DingellMichigan lawmakers ask ICE to stop deportation of Mexican journalist Dem lawmakers unveil Journalist Protection Act amid Trump attacks on media The Hill's 12:30 Report: Cohen back on the hot seat MORE (D-Mich.), co-chair of the Medicare for All Caucus, said in a statement to The Hill.

Yet the effort could very well create divisions within the Democratic Party, as leaders who want to protect and strengthen the health law are reluctant to completely embrace government-run universal health insurance.

In the House and Senate, leading Democrats have said their priorities should be strengthening ObamaCare, rather than fighting over single-payer.

The lawsuit in Texas is almost certain to be overturned, they argue, and their time is better spent making sure people with pre-existing conditions remain free from discrimination by insurers.

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“I think the ruling gets overturned within a couple months, so I’m not sure it matters in the long-term fight over the next generation of health-care reform,” said Sen. Chris MurphyChristopher (Chris) Scott MurphyFather of Sandy Hook victim dies in apparent suicide Sanders: 'We must follow New Zealand's lead' and ban assault weapons The fear of colorectal cancer as a springboard for change MORE (D-Conn.).

Sen. Ron WydenRonald (Ron) Lee WydenHillicon Valley: Mueller delivers report, ending investigation | FEMA exposed info of 2.3M disaster survivors | Facebook asks judge to toss DC privacy lawsuit | Trump picks his first CTO | FCC settles lawsuit over net neutrality records Treasury expands penalty relief to more taxpayers Overnight Health Care: Senators seek CBO input on preventing surprise medical bills | Oversight panel seeks OxyContin documents | Pharmacy middlemen to testify on prices | Watchdog warns air ambulances can put patients at 'financial risk' MORE (D-Ore.) said Democrats should focus on making sure the insurance landscape doesn't revert to what it was before ObamaCare.

“The first thing we have to do is make sure people don't lose what they have today — the pre-existing conditions protections — and going back to the days when there was health care for the healthy and the wealthy,” he said.

U.S. District Court Judge Reed O'Connor this month struck down the Affordable Care Act, throwing a new round of uncertainty into the fate of the law.

O’Connor ruled that the law's individual mandate is unconstitutional, and that because the mandate cannot be separated from the rest of the law, the rest of the law is also invalid.

The court case, brought by 20 GOP-led states, was at the center of this year's midterm campaign after Democrats attacked Republicans for supporting the lawsuit and seeking to overturn ObamaCare's protections for pre-existing conditions.

The Trump administration, in a rare move, declined to defend the law in court, arguing instead that the pre-existing condition protections should be overturned.

“This is an outrageous, disastrous decision that threatens the health care and lives of millions of people. It must be overturned,” Sen. Bernie SandersBernard (Bernie) SandersHere's why Biden, Bernie and Beto are peaking Senate gears up for Green New Deal vote Overnight Energy: Green New Deal vote set to test Dem unity | Renewables on track to phase out coal, study finds | EPA chief reportedly recuses himself from mine review MORE (I-Vt.) tweeted shortly after the decision was published. “We must move forward to make health care a right for every American.”

Rep. Ro KhannaRohit (Ro) KhannaDem lawmaker confident majority of Mueller report will be released to public House Oversight Dem wants Trump to release taxes and 'get it over with' Booker takes early lead in 2020 endorsements MORE (D-Calif.), who will be vice chairman of the House Progressive Caucus next year, said the decision “absolutely” makes a case for Medicare for all.

“There’s no doubt that would be constitutional. Medicare is already constitutional and what we’re saying is extend it to everyone, so there can be no constitutional argument,” Khanna told The Hill.

Eagan Kemp, a health-care expert with the advocacy group Public Citizen, also noted how uncontroversial Medicare is compared to ObamaCare.

“This is one more example of how tenuous the law really is,” Kemp said. “You don’t see the same type of sabotage to Medicare. So to me it highlights that the Medicare program remains the third rail of politics, so if we’re going to build a new health-care system, it’s something that can be safe."

Some lawmakers said they understand the need to be pragmatic since centrist Democrats might not take the same message from the Texas ruling as progressives.

Khanna said he doesn’t think protecting ObamaCare from Republican attacks has to be a separate endeavor from Medicare for all.

Rep. Jan SchakowskyJanice (Jan) Danoff SchakowskyDems seek to stifle primary challenges to incumbents Hillicon Valley: EU hits Google with .7 billion antitrust fine | GOP steps up attack over tech bias claims | Dems ask FTC for budget wishlist | Justices punt on Google privacy settlement Dems ask FTC if it needs more money to protect privacy MORE (D-Ill.), a member of the Medicare for All Caucus, told The Hill the fallout from the lawsuit “may help us move in an even more bold and aggressive agenda” on health care.

“We’ll see, though. I think this is the kind of issue that needs a broad consensus, may need some more outreach to the public,” Schakowsky said. "But I am interested in pursuing that agenda."