Vulnerable Republicans dodge questions on support for ObamaCare lawsuit

Vulnerable Senate Republicans are dodging questions about whether they support a lawsuit seeking to overturn the Affordable Care Act.

The Supreme Court said this week it would take up the case, thrusting the issue to the forefront and posing a headache for Republicans in tough races this year.

President TrumpDonald John TrumpSurveillance deal elusive as deadline looms Coronavirus fears disrupt daily life The Memo: Biden poised for gains in next waves of primaries MORE supports the lawsuit, which would strike down the entire health law, but ObamaCare’s popularity has risen to a record high, posing a danger for Republicans in seeking to strike it down.

“I’m not saying whether I support it or not, it’s in the hands of the Supreme Court now so we’ll see,” Sen. Joni ErnstJoni Kay ErnstVulnerable Republicans dodge questions on support for ObamaCare lawsuit The Hill’s Campaign Report: Sanders top target at CPAC Trump creates new headaches for GOP with top intelligence pick MORE (R-Iowa) told The Hill on Thursday. Ernst is up for reelection this year.

The lawsuit threatens coverage for roughly 20 million people and would also take away the law’s protections for people with pre-existing conditions, which are particularly popular.

Sen. Martha McSallyMartha Elizabeth McSallyVulnerable Republicans dodge questions on support for ObamaCare lawsuit Senators urge Americans to ‘wake up’ to security threats of Chinese-made metros, buses Poll: Kelly leads GOP incumbent McSally by five points in Arizona Senate race MORE (R-Ariz.), who faces a difficult reelection race this fall, said the issue is a “judicial proceeding” so she would not weigh in.

Sen. Kelly LoefflerKelly LoefflerVulnerable Republicans dodge questions on support for ObamaCare lawsuit The Hill’s Campaign Report: Biden riding wave of momentum after stunning Super Tuesday Nikki Haley expected to endorse Loeffler in Senate race MORE (Ga.), who like McSally was appointed to her seat and will face voters this fall, said to contact her office when asked if she supported the lawsuit.

In a follow-up email, a Loeffler spokeswoman did not directly answer if the senator supports the lawsuit.

“Regardless of what the courts do or do not decide, there is no question Congress needs to address healthcare issues facing Americans,” a Loeffler spokeswoman wrote in the email, saying the senator wants action that “lowers insurance costs” and “expands coverage options.”

Democrats are seizing on the issue, after the party’s strategy of focusing on the House GOP’s efforts to repeal ObamaCare helped it win back the House in 2018.

Stewart Boss, a spokesman for the Democratic Senatorial Campaign Committee, called the ACA lawsuit the “single most important issue in Senate battlegrounds across the country.”

Vulnerable Senate Republicans are trying to focus on other health care issues, such as lowering drug prices, which polls extremely well with voters.

McSally and Ernst, for example, in recent weeks signed onto a bipartisan bill to lower drug prices from Sens. Chuck GrassleyCharles (Chuck) Ernest GrassleyVulnerable Republicans dodge questions on support for ObamaCare lawsuit The Hill’s 12:30 Report: Warren drops out of 2020 race As Biden surges, GOP Ukraine probe moves to the forefront MORE (R-Iowa) and Ron WydenRonald (Ron) Lee WydenVulnerable Republicans dodge questions on support for ObamaCare lawsuit Overnight Energy: BLM exodus | Agency loses half of DC staff slated for relocation | Lawmakers search for deal on measure stalling energy bill Lawmakers weigh walking back amendment stalling energy bill votes MORE (D-Ore.). McSally also put forward her own bill to lower drug prices this week.

Republicans don’t have their own alternative plan to ObamaCare, which makes them even more vulnerable to the attacks.

Secretary of Health and Human Services Alex Azar said in January there is “not a need” for the Trump administration to put forward a replacement plan until the Supreme Court issues a ruling.

Some vulnerable Senate Republicans are pointing to a bill from Sen. Thom TillisThomas (Thom) Roland TillisVulnerable Republicans dodge questions on support for ObamaCare lawsuit The Hill’s Campaign Report: Biden riding wave of momentum after stunning Super Tuesday NC Democrat Cal Cunningham set to face Tillis in November MORE (R-N.C.), called the Protect Act, that would reinstate some of the ACA’s protections for people with pre-existing conditions if the law is struck down.

That bill, though, does not address other core parts of the health law that could be struck down, such as its Medicaid expansion or financial assistance to help people afford coverage.

Tillis did not directly answer when asked if he supports the lawsuit, but did point to his legislation.

“What I’m more focused on is how we get back to a rational discussion about protecting pre-existing conditions, the kinds of things that are potentially at risk that for the life of me I can’t understand why anyone would be opposed to, providing some certainty by just voting those provisions into law independent of the lawsuit,” he said.

Sen. Steve DainesSteven (Steve) David DainesVulnerable Republicans dodge questions on support for ObamaCare lawsuit Republicans, rooting for Sanders, see Biden wins as setback Montana’s Democratic governor plans last-minute run for Senate MORE (R-Mont.), who could face a challenge from his state’s governor, Steve BullockSteve BullockVulnerable Republicans dodge questions on support for ObamaCare lawsuit The Hill’s Morning Report – Presented by the APTA – Biden riding high as Sanders laments Super Tuesday Republicans, rooting for Sanders, see Biden wins as setback MORE, did not directly answer when asked if he supports the lawsuit, simply saying “we’re going to be talking about a lot between now and next year” before walking into the Senate chamber.

Daines spokeswoman Katie Schoettler later added in an email: “Obamacare has been disastrous for Montana and dramatically increased healthcare costs for Montanans. The Senator thinks that regardless of the outcome, Congress must protect people with preexisting conditions.”

The office of Sen. Cory GardnerCory Scott GardnerVulnerable Republicans dodge questions on support for ObamaCare lawsuit Overnight Energy: Senate seeks massive boost in conservation funding | White House raises objections over plan to reduce heat-trapping chemicals | Interior chief defends budget amid heated criticism Senate seeks massive permanent boost in conservation funding MORE (R-Colo.) did not respond to a request for comment on if he supports the lawsuit. Gardner told The Hill in August that the issue is “the court’s decision,” but added: “If the Democrats want to stand for an unconstitutional law, I guess that’s their choice.”

Gardner may be the most endangered Senate Republican facing reelection this year.

Republicans point to Democratic calls for Medicare for All, which would take away private health insurance and replace it with a government plan, in pushing back on Democrats.

But that counterattack is getting more complicated as former Vice President Joe BidenJoe Biden’Easy access’ to Biden allowed protester to rush stage at rally The Memo: Biden poised for gains in next waves of primaries Vulnerable Republicans dodge questions on support for ObamaCare lawsuit MORE becomes the frontrunner for his party’s presidential nomination. Biden, unlike Sen. Bernie SandersBernie Sanders’Easy access’ to Biden allowed protester to rush stage at rally The Memo: Biden poised for gains in next waves of primaries Vulnerable Republicans dodge questions on support for ObamaCare lawsuit MORE (I-Vt.) does not support Medicare for All.

Sen. Todd YoungTodd Christopher YoungVulnerable Republicans dodge questions on support for ObamaCare lawsuit Lobbying World Republican Senate campaign arm hauled in over million in January MORE (R-Ind.), the chairman of the National Republican Senatorial Committee, told reporters Thursday that Biden “supports a variant of Medicare for All, which is the public option.”

Asked if Democrats seizing on the lawsuit posed a problem for Republicans in Senate races, Young countered by pointing to the strength of the economy.

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“We’re dealing with a period of American history in which wages are rising across income groups, across demographics, across racial and ethnic groups, people are optimistic about the future,” Young said. “They like what President Trump and this Republican-controlled Senate has accomplished.”

McSally, while not directly taking a position on the lawsuit, did criticize the Affordable Care Act, saying that “ObamaCare is not working” for some people who have pre-existing conditions and still struggle to afford the high cost of health care.

“There are better ways for us to provide insurance options to people while protecting pre-existing conditions,” she said.

Asked if that criticism meant she supports the lawsuit to overturn the law, McSally responded: “That’s not what I said, that’s a judicial proceeding.”

Ernst sounded a somewhat more positive note about the law when asked if she thought it would be good from a policy perspective for the ACA to go away.

“Well, I think we have a lot of Iowans that are expressing support for it, but what we would like to see is more health care opportunities out there,” she said.

Ernst added in a statement that she is a co-sponsor of Tillis’s Protect Act and said she “will always fight to protect those with pre-existing conditions.”

Legal experts in both parties have said they think the lawsuit’s legal arguments are weak, and expect that the Supreme Court will uphold the law, but that is not certain.

Sen. Susan CollinsSusan Margaret CollinsVulnerable Republicans dodge questions on support for ObamaCare lawsuit Poll: Democrat Gideon leads GOP incumbent Collins by 4 points in Maine Senate race Republicans, rooting for Sanders, see Biden wins as setback MORE (R-Maine) is a rare Republican to outright oppose the lawsuit, writing to Attorney General Bill Barr last year expressing her “profound disagreement” with the Trump administration’s decision to call for the courts to strike down the ACA.

“Rather than seeking to have the courts invalidate the ACA, the proper route for the Administration to pursue would be to propose changes to the ACA or to once again seek its repeal,” wrote Collins, who is also up for reelection this fall.

Collins is one of three Senate Republicans who voted against the ObamaCare repeal bill in 2017, killing it. “The Administration should not attempt to use the courts to bypass Congress,” she said.