What to Know About the GOP Lawsuit to Strike Down Protections for Pre-existing Condition Coverage

Republicans will be in court tomorrow arguing “protections for people with preexisting conditions and other regulations — should be nullified.” Here’s why it’s creating “political havoc for GOP”:

1. Every Republican Senator voted for the GOP tax bill that “sparked” this lawsuit. 

The GOP tax bill was more than just a “lopsided giveaway to corporations” — it also provided the legal framework for Republicans to file their lawsuit. Despite knowing the risk to protections for pre-existing condition coverage and other benefits, like maternity care and allowing kids to remain on their parents’ insurance until age 26, Republicans defend their vote. Senator Susan Collins wrote about the tax law: “Let me be clear I… would support it again today.”

2. The GOP lawsuit also threatens employer-provided plans.

The Wall Street Journal has reported on how the lawsuit would impact Americans who receive insurance coverage through their employers: 

• “The request would also rewind some protections for the vast majority of Americans—some 175 million people—who get health coverage via small and large employers, analysts said.”

• “If the courts toss some ACA provisions linked to the insurance-coverage mandate, elements of the requirements that also apply to employer plans would likely be halted or reversed as well, analysts said.”

• “That means employers would again be able to impose lengthy waiting periods for health coverage on new hires. Currently they are unable to lock workers out of health insurance for longer than 90 days when they take a new job.”

3. Vulnerable GOP incumbents aren’t taking action to stop the lawsuit.

Given that Senate Republicans “remain on the defensive” on health care, you would expect vulnerable incumbents running for re-election this cycle would want to distance themselves from the lawsuit. Instead, they have dodged and failed to take any action:

• Ernst: “Um, I am not going to make a determination on that, I am not an attorney”
• Gardner: “What I hope succeeds is this place getting together to find a way to drive down health care costs”
• McSally: “That’s their decision”
• Tillis “did not give a firm position on whether he supports or opposes the administration’s move”

They won’t even allow a study to determine what the impact of the lawsuit would be on states: Senator Collins was the deciding vote against requiring the Trump administration to disclose the lawsuit’s effects.

Bottom line: The Republican lawsuit to tear down the health care law and the protections that come with it is another liability for vulnerable Senate GOP incumbents who are already struggling to defend their toxic health care records.

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