While Republican Senators Do Nothing, “Ominous” and “Unexpected Threat” Emerges in GOP’s Dangerous Lawsuit Against Health Care Law

Legal expert: “The odds that the Fifth Circuit does something nasty to the health-reform law have gone up”

An “unexpected threat” emerged yesterday in the high-stakes Republican-led lawsuit seeking to end the Affordable Care Act: A conservative federal court of appeals questioned whether Democratic attorneys general or the House of Representatives are allowed to defend the health care law. The development is an “ominous sign” for the ACA, and most legal experts “suggested that it wouldn’t bode well for supporters” of the health care law.

• POLITICO: “The request from one of the most conservative circuit courts in the country suggests that the judges who will hear the could toss out the appeal on procedural grounds… ‘The odds that the Fifth Circuit does something nasty to the health-reform law have gone up,’ Nicholas Bagley, a professor at the University of Michigan Law School who has followed the case closely, wrote on Twitter.”

• Axios: “If the 5th Circuit does boot Democrats off of this lawsuit, that would likely mean no one can appeal a lower court’s ruling striking down the entire law.”

• The Hill: “Democrats have been pounding the drum that the GOP lawsuit threatens health coverage for 20 million people, while Republican lawmakers have largely sought to avoid talking about the lawsuit as they seek to turn the page on ObamaCare repeal efforts… the latest development adds a new question mark to a case hanging over the health care system.”

Health care remains a top issue for voters, and a losing issue for spineless Senate Republicans, who “have no credibility” as they refuse to take a stand against their party’s dangerous health care lawsuit. The DSCC has run digital ads holding Senate Republicans accountable for their shameful silence on this critical issue.

“As this dangerous lawsuit threatening the health care law continues to escalate, there’s not a single Republican Senator who can honestly claim that they’re truly fighting to defend current coverage protections for pre-existing conditions,” said DSCC spokesperson Stewart Boss. “GOP senators have repeatedly failed to step up against this lawsuit, threatening core protections and risking dramatic increases in the cost of care – making it even harder to afford coverage. Voters won’t stand for this craven inaction from their Senators, and they’ll hold them accountable in 2020.”

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