The Hill: Gardner’s Bill “Would Not Prevent Insurers From Simply Denying Coverage to People With Pre-existing Conditions in the First Place”
Justice Ginsburg’s death “increases the possibility that the court could abolish” the Affordable Care Act in the middle of a pandemic, jeopardizing health coverage for 133 million Americans with pre-existing conditions and ending Colorado’s Medicaid expansion.
But yesterday, Senator Cory Gardner *yet again* ignored questions about President Trump’s lawsuit to overturn the ACA. The Supreme Court is scheduled to hear the case on November 10th, one week after the election.
The Hill is the latest outlet to report that Gardner’s ad lying about his record on pre-existing conditions features a bill that “does not have any co-sponsors,” “is silent on what should happen to other key parts of ObamaCare” should the law be struck down, and “would not prevent insurers from simply denying coverage to people with pre-existing conditions in the first place.”
In case you missed it:
The Hill: Justice Ginsburg’s death puts future of ObamaCare at risk
The death of Justice Ruth Bader Ginsburg is putting ObamaCare at risk, as a more conservative Supreme Court could strike down the law in a case to be heard shortly after Election Day.
The high court will hear arguments on Nov. 10 in a lawsuit brought by a group of Republican-led states, and backed by President Trump, seeking to strike down the law. Before Ginsburg’s death, the court’s four liberals plus Chief Justice John Roberts, who has twice upheld the law already, were expected to provide the five votes to keep the law.
Now, with only three liberals on the court, the swing vote shifts to Justice Brett Kavanaugh, an appointee of Trump and a less sure bet to uphold ObamaCare.
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Many vulnerable Republicans are trying to reassure voters of their support for pre-existing condition protections, despite not taking a position on the lawsuit.
Sen. Cory Gardner (R-Colo.), facing a tough reelection race, released an ad this month featuring his mother who had cancer saying: “Cory wrote the bill to guarantee coverage to people with pre-existing conditions, forever.”
“No matter what happens to ObamaCare,” Gardner adds in the ad.
The bill in question was introduced by Gardner last month and does not have any co-sponsors. It would restore some of ObamaCare’s protections for pre-existing conditions if the law is struck down, but it would not prevent insurers from simply denying coverage to people with pre-existing conditions in the first place.
Sen. Thom Tillis (N.C.), another vulnerable Republican, has a broader bill to restore pre-existing condition protections that is co-sponsored by many other Republicans facing reelection.
But that bill, like Gardner’s, is silent on what should happen to other key parts of ObamaCare, like the financial assistance that helps people afford coverage.
Spokesmen for Gardner’s and Tillis’s campaigns did not respond on Monday to questions on their stances on the law’s financial assistance or whether they support the lawsuit against ObamaCare.
Arguments in the lawsuit will be heard the week after the election. If there are still only eight justices at that time, those are the eight justices who would decide the case.
