‘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 DingellOvernight Energy: Trump to revoke California's tailpipe waiver | Democrats propose bill to revoke Trump endangered species rollback | Trump officials finalize rule allowing fewer inspectors at pork plants Democrats propose bill to revoke Trump endangered species rollback Polling director: Young voters swayed by health care, economy, gun control 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 MurphyDemocrats hit Scalia over LGBTQ rights GOP signals unease with Barr's gun plan Trump administration floats background check proposal to Senate GOP MORE (D-Conn.).

Sen. Ron WydenRonald (Ron) Lee WydenOvernight Energy: California, 23 other states sue Trump over vehicle emissions rule | Climate strike protests hit cities across globe | Interior watchdog expands scope of FOIA investigation | Dems accuse officials of burying climate reports Microsoft to provide free updates for voting systems running Windows 7 through 2020 Interior watchdog investigating political appointees' review of FOIA requests 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 SandersBernie SandersWarren overtakes Biden in Iowa for first time: poll The polls are asking the wrong question Sanders unveils plan to eliminate Americans' medical debt 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) KhannaMarkey fundraises ahead of Kennedy primary challenge The Hill's Campaign Report: De Blasio drops out | Warren gains support from black voters | Sanders retools campaign team | Warning signs for Tillis in NC Overnight Health Care — Presented by Partnership for America's Health Care Future — Pelosi unveils signature plan to lower drug prices | Trump says it's 'great to see' plan | Progressives pushing for changes 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 SchakowskyDem leader says party can include abortion opponents Lawmakers jump-start talks on privacy bill The Hill's Morning Report — Mueller testimony gives Trump a boost as Dems ponder next steps 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."