BREAKING: GOP Lawsuit to End Protections for Pre-Existing Conditions Looms Over Battle for Senate, As Supreme Court Sets Oral Arguments for November

Because of GOP Tax Law Supported By Every Senate Republican, the Entire Health Care Law Including Critical Coverage Protections Are at Risk of Being Eliminated During Pandemic

After Years of Republican Senators Enabling Their Party’s Dangerous Health Care Lawsuit, the Supreme Court Has Scheduled Oral Arguments in Case to Dismantle Entire Affordable Care Act for November 10 — One Week After the Election

DSCC spokesperson Stewart Boss released the following statement on the Supreme Court scheduling oral arguments in the GOP lawsuit to end protections for pre-existing conditions coverage for the week after the November election:

“The protections that prevent big insurance companies from denying coverage or discriminating against Americans with a pre-existing condition will be at risk as long as Mitch McConnell and Republicans control the Senate. From Maine to Arizona and from Texas to Montana, Republican senators everywhere have sold out to the corporate special interests, they have enabled their party leaders in Washington pushing this toxic political crusade, and they cannot defend their voting records. Health care remains the defining issue in Senate battlegrounds across the country, and it will sink vulnerable incumbents across the map in November.”

After years of voting to try to dismantle the Affordable Care Act and gut its key protections, every Republican in the Senate voted for the 2017 tax bill that “sparked” this harmful lawsuit. Even now, in the middle of a pandemic that has left millions of Americans out of work and without health coverage, not one GOP incumbent or candidate has taken meaningful steps to stop the Republican-led lawsuit against the Affordable Care Act –– and they still have “no plan” if the increasingly popular health care law is struck down by the courts. Americans could not only lose guaranteed coverage for pre-existing conditions but also other key benefits like maternity care coverage and children’s ability to remain on their parents’ insurance until age 26.

In competitive Senate races across the country, vulnerable Republicans have been caught trying to mislead voters with false statements “lying about their records” on pre-existing conditions. Nonpartisan fact checkers have held GOP senators accountable for their “tacit support” for this lawsuit.

See what Republicans have said and done to pave the way for the Supreme Court to hear oral arguments on the GOP’s dangerous heath care lawsuit:

• Senator Dan Sullivan (AK) was a self-proclaimed lead attorney general in a previous legal effort to overturn the ACA and supports a repeal of the health care law.

• Senator Martha McSally (AZ) says it’s “not my role” to oppose the lawsuit and has “spent years waging war against the Affordable Care Act,” voting repeatedly to undermine protections for people with pre-existing conditions.

• Senator Cory Gardner (CO) initially dodged questions about the lawsuit before endorsing the GOP’s argument that the health care law is unconstitutional.

• Senator David Perdue (GA) has said “I support the president in his attempt” to strike down the Affordable Care Act.

• Senator Kelly Loeffler (GA) has said she supports President Trump’s agenda – which includes this lawsuit – “100%.”

• Congressman Doug Collins (GA) repeatedly voted to repeal the health care law and gut pre-existing conditions protections in the House.

• Senator Joni Ernst (IA) has dodged questions about the lawsuit with answers like “I’m not saying whether I support it or not” and “I am not an attorney” despite a long history of voting to tear down the health care law and bragging about having the “courage” to gut coverage protections that Iowans with pre-existing conditions rely on.

• Senator Mitch McConnell (KY) has led Senate Republicans in their efforts to repeal the health care law and stack the federal courts with anti-health care judges.

• Senator Susan Collins (ME) helped pass the reckless GOP tax plan that laid the foundation for her party’s dangerous lawsuit and even said she “would support it again today” — Collins also cast the deciding vote last year in a key Senate committee to block a study on the impact of the GOP’s lawsuit.

• Failed politician John James (MI) has called the ACA a “monstrosity” and vowed to “work [his] tail off” to repeal the law that guarantees coverage for pre-existing conditions.

• Senator Steve Daines (MT) confirmed through a spokesperson last month that the senator “supports whatever mechanism” against the Affordable Care Act, including the lawsuit, after dodging the question in the past.

• Senator Thom Tillis (NC) embraced the lawsuit and explained: “I support anything that ultimately takes [the ACA] off the table.”

• Senator Lindsey Graham (SC) “vowed” to follow through on repeal of the ACA if Republicans win the 2020 election.

• Senator John Cornyn (TX) is among “the ACA’s most relentless opponents” and was “repeal’s top salesman,” and he has dodged questions on the lawsuit by saying things like: “I support having the courts make the decision.”

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