News

Late last night, the Trump administration filed their opening Supreme Court brief in their lawsuit to overturn the Affordable Care Act. The timing of their filing was presumably aimed at avoiding an onslaught of bad press for making such an irresponsible and dangerous argument in favor of ripping health care from 23 million Americans and protections for 135 million with pre-existing conditions in the middle of a pandemic. Reporters however were quick to point out that this was exactly the argument the Trump administration was making, and coverage of the Trump administration’s brief suggests their plan to avoid bad press was wildly unsuccessful. 

“There’s no mistaking that the Trump administration’s desired goal is to rip coverage and protections for pre-existing conditions away from millions of Americans and throw our health care into chaos during a pandemic,” said Protect Our Care Chair Leslie Dach. “Not only is this lawsuit overtly political and wildly irresponsible, it’s dangerous for so many Americans who rely on the health care law for critical protections and coverage, and without it would be left without the care they need.” 

Headlines: 

NBC News: Trump Administration Asks Supreme Court To Strike Down Obamacare Amid Pandemic, Recession

Associated Press: Trump Administration Urges End To ACA As Pandemic Surges

ABC News: Amid Pandemic, Trump Administration Asks Supreme Court To Overturn Obamacare

Reuters: Trump Administration Asks Supreme Court To Axe Obamacare Amid Pandemic

HuffPost: Trump Administration Files Supreme Court Brief To End Obamacare Amid COVID-19 Crisis

Extended coverage of the Trump administration’s disastrous day in court:

NBC News: Trump Administration Asks Supreme Court To Strike Down Obamacare Amid Pandemic, Recession. “The Trump administration is asking the Supreme Court to wipe out Obamacare, arguing that the individual mandate is unconstitutional and that the rest of the law must be struck down with it. The late-night brief, filed Thursday in the middle of the coronavirus pandemic, carries major implications for the presidential election. If the justices agree, it would cost an estimated 20 million Americans their insurance coverage and nullify protections for pre-existing conditions.The Trump administration’s brief comes as the U.S. has recorded more than 120,000 deaths from COVID-19, with nearly 2.5 million confirmed cases. On Wednesday, the nation hit a new record for the highest daily total of new infections reported with more than 45,500.” [NBC News, 6/26/20] 

• NBC: “The Brief Includes A Section Pointedly Arguing That The Affordable Care Act’s Pre-Existing Conditions Rules Must Be Overturned As Well.” “The brief includes a section pointedly arguing that the Affordable Care Act’s pre-existing condition rules must be overturned as well. Those rules forbid insurers from turning away customers or charging them more on the basis of factors like age, gender and health status. The position contradicts Trump’s insistence that he will protect people with pre-existing conditions.” [NBC News, 6/26/20] 

Reuters: Trump Administration Asks Supreme Court To Axe Obamacare Amid Pandemic. “The move is sure to ignite further political controversy and elevate healthcare as a major election issue. Trump is seeking re-election in November against Obama’s vice president, Joe Biden, who has vowed to protect health insurance coverage for Americans under the law. The Trump administration’s filing came the same day the United States set a new record for a one-day increase in cases of the fatal and highly contagious coronavirus. The disease has killed thousands of Americans and forced millions to lose their jobs, including any employer-based health benefits they may have had.” [Reuters, 6/26/20] 

HuffPost: Trump Administration Files Supreme Court Brief To End Obamacare Amid COVID-19 Crisis. “The Trump administration filed a brief Thursday night calling on the U.S. Supreme Court to invalidate the Affordable Care Act — which allows millions of Americans to get health insurance coverage — just as the nation smashed a record for new COVID-19 cases in a single day.” [HuffPost, 6/26/20] 

• HuffPost: “Thousands Of More Americans Have Turned To The ACA For Health Care Coverage After Losing Their Jobs Amid The Pandemic— And Covid-19 Cases Are Surging.” “Thousands of more Americans have turned to the ACA for health care coverage after losing their jobs amid the pandemic — and COVID-19 cases are surging. Across the nation, 38,115 new infections were reported by state health departments Wednesday. The previous single-day record of 34,203 was set on April 25.” [HuffPost, 6/26/20] 

ABC News: Amid Pandemic, Trump Administration Asks Supreme Court To Overturn Obamacare. “In the midst of a pandemic and without an alternative health plan of its own, the Trump administration formally called on the U.S. Supreme Court to completely strike down the Affordable Care Act. The administration makes the case in a legal brief filed late Thursday in the case brought by 20 Republican-led states that want to completely invalidate the law.” [ABC News, 6/26/20] 

• Former Vice President Joe Biden Warned That If The ACA Is Overturned, Insurers Could Consider Coronavirus A Pre-Existing Condition And Refuse To Pay For Necessary Care. “Former Vice President Joe Biden defended Obamacare Thursday at campaign stop focused on health care, saying doing away with the ACA during a pandemic could be particularly harmful to many that need health care the most. ‘I think it’s cruel. It’s heartless. It’s callous. And it’s all because, in my view, he can’t abide the thought of letting stand on one of President Obama’s greatest achievements, the Affordable Care Act,’ Biden said of the administrations’ lawsuit. Biden warned those who have survived COVID-19 and have subsequent health issues could be especially at-risk.” [ABC News, 6/26/20] 

New York Times: Trump Administration Asks Supreme Court to Strike Down Affordable Care Act. “The Trump administration asked the Supreme Court late Thursday to overturn the Affordable Care Act — a move that, if successful, would bring a permanent end to the health insurance program popularly known as Obamacare and wipe out coverage for as many as 23 million Americans.” [New York Times, 6/26/20] 

• New York Times: “The Texas Suit Has Created Great Uncertainty For The Roughly 20 Million People Covered By The Law, As Well As For Millions Of Others Who Have Lost Their Jobs And Health Coverage During The Coronavirus Pandemic.” “The Texas suit has created great uncertainty for the roughly 20 million people covered by the law, as well as for millions of others who have lost their jobs and health coverage during the coronavirus pandemic. A recent analysis by the liberal-leaning Center for American Progress estimated that 23 million people would lose coverage if the Affordable Care Act is abolished — including nearly two million in Texas and more than four million in California.” [New York Times, 6/26/20] 

Axios: Trump Administration Asks Supreme Court To Overturn ACA. “Why it matters: Nearly 20 million Americans could lose health care coverage and protections for those with pre-existing conditions if the court rules to overturn ACA. Nearly half a million people who lost their health insurance during the economic shutdown during the pandemic were able to get coverage through HealthCare.gov, per AP…The Trump administration’s legal brief does not mention the coronavirus.” [Axios, 6/26/20]

Washington Post: Trump Administration Asks Supreme Court To Strike Down Obamacare. “The Trump administration asked the Supreme Court late on Thursday to overturn the Affordable Care Act, telling the court that ‘the entire ACA must fall.’ The administration’s argument comes as hundreds of thousands of Americans have turned to the government program for health care as they’ve lost jobs during the coronavirus pandemic.” [Washington Post, 6/26/20] 

• The Filing Came The Same Day That CMS Data Revealed Nearly Half A Million People Enrolled In ACA Coverage In April And May. “The filing came the same day that a government report showed nearly half a million Americans turned to the ACA in April and May amid covid-19′s economic devastation. According to the Thursday report from the Centers for Medicare and Medicaid Services, 487,000 Americans took advantage of the special enrollment period on Healthcare.gov after losing their healthcare plans, likely among the millions of Americans who lost their jobs during the pandemic. The numbers mark a 46 percent increase from enrollments in April and May 2019.” [Washington Post, 6/26/20] 

Associated Press: Trump Administration Urges End To ACA As Pandemic Surges. “As coronavirus cases rise in more than half of the states, the Trump administration is urging the Supreme Court to overturn the Affordable Care Act. The administration’s high court filing Thursday came the same day the government reported that close to half a million people who lost their health insurance amid the economic shutdown to slow the spread of COVID-19 have gotten coverage through HealthCare.gov. The administration’s legal brief makes no mention of the virus.” [Associated Press, 6/25/20] 

• Associated Press: “Trump Has Put The Weight Of His Administration Behind The Legal Challenge,” Which Argues That Protections For Preexisting Conditions Should Be Eliminated. “Trump has put the weight of his administration behind the legal challenge. If the health insurance requirement is invalidated, ‘then it necessarily follows that the rest of the ACA must also fall,’ Solicitor General Noel Francisco wrote Thursday…The Trump administration’s views on what parts of the ACA might be kept or replaced if the law is overturned have shifted over time. But in legal arguments, it has always supported getting rid of ‘Obamacare’ provisions that prohibit insurance companies from discriminating against people on account of their medical history.” [Associated Press, 6/25/20] 

CNN: Trump Administration Asks Supreme Court To Invalidate Obamacare. “In the midst of a global pandemic with the presidential election just months away, the Justice Department asked the Supreme Court on Thursday to invalidate the Affordable Care Act, the landmark health care law that enabled millions of Americans to get insurance coverage and that remains in effect despite the pending legal challenge. In a late-night filing, Solicitor General Noel Francisco said that once the law’s individual coverage mandate and two key provisions are invalidated, ‘the remainder of the ACA should not be allowed to remain in effect.'” [CNN, 6/26/20] 

NPR: Obamacare Must ‘Fall,’ Trump Administration Tells Supreme Court. “In a filing with the Supreme Court, the Trump administration has reaffirmed its position that the Affordable Care Act in its entirety is illegal because Congress eliminated the individual tax penalty for failing to purchase medical insurance.” [NPR, 6/26/20] 

Newsweek: Majority Support Obamacare Despite Trump’s Supreme Court Bid to Kill ACA. “The Trump administration’s call for the Supreme Court to eradicate Obamacare flies against public opinion, with the majority of Americans still supporting it…A Fox News Poll, which interviewed 1,343 registered voters nationwide between June 13 and 16, found 56 percent had a favorable view of Obamacare. Of those 30 percent were strongly in favor and 26 percent somewhat. This was a record high for Fox News polling. The Kaiser Family Foundation (KFF) Health Tracking Poll has also consistently found support for Obamacare at over 50 percent in recent months. Its latest survey found 51 percent had a favorable view, in a poll conducted among 1,189 adults in the U.S. over the phone between May 13 and 18.” [Newsweek, 6/26/20] 

Forbes: Trump Administration Calls For Supreme Court To Scrap ‘Obamacare.’ “Around 23 million Americans face losing healthcare coverage after the Trump Administration called for the Supreme Court to scrap the Obama-era Affordable Care Act setting the stage for health to become the key issue in November’s election. [Forbes, 6/26/20] 

Bloomberg Law: Trump Administration Pushes Justices to Invalidate Obamacare. “The Trump administration is standing firm on its position that Obamacare should be invalidated, telling the Supreme Court in its opening brief the law is tied to one provision that’s now unconstitutional…The justices are set to hear arguments next term, beginning in October, in the high stakes fight over the constitutionality of President Obama’s signature health-care law. The case threatens health-care coverage for millions of Americans, many of which are newly unemployed as a result of the coronavirus pandemic.” [Bloomberg Law, 6/25/20] 

Politico: Trump Administration Asks Supreme Court To Overturn Obamacare. “The Trump administration on Thursday night urged the Supreme Court to strike down Obamacare, pushing forward with its attack on the health care law as millions of newly jobless Americans may come to depend on its coverage. The Justice Department in a new legal brief argues Obamacare in its entirety became invalid when the previous Republican-led Congress axed the unpopular individual mandate penalty for uninsured people. The filing comes weeks after President Donald Trump confirmed his administration would continue to press for Obamacare’s elimination, ignoring warnings from top aides about the risk of voter backlash in November.” [Politico, 6/25/20] 

Wall Street Journal: Trump Administration Asks Supreme Court to Invalidate Affordable Care Act. “The Trump administration urged the Supreme Court to invalidate the Affordable Care Act in a legal brief filed Thursday, putting health care at center stage in an election year already focused on the coronavirus pandemic’s impact.” [Wall Street Journal, 6/26/20] 

The Hill: Trump Administration Calls For Supreme Court To Strike Down ObamaCare. “The legal filing, while expected, makes official the Trump administration’s position in the Supreme Court against the health law months ahead of the election, at a time when Democrats are hammering President Trump over his position on health care. Overturning the ACA would take away health coverage for about 20 million people, and the stakes are even higher given the effects of the current pandemic.” [The Hill, 6/25/20] 

Washington, DC — Ahead of Monday’s House floor vote for the “Patient Protection and Affordable Care Enhancement Act,” a landmark bill introduced by House Democrats to improve health care for Americans by building on key provisions in the Affordable Care Act (ACA), Protect Our Care is releasing two new fact sheets highlighting how building on the ACA by lowering costs and expanding coverage will help Black and Latino communities across the country. The fact sheets show overwhelming evidence of the Affordable Care Act’s historic contribution to improving health care for communities of color, particularly for Black Americans and Latinos. 

Protect Our Care is releasing these fact sheets in the wake of the Trump administration and Republican attorneys general filing briefs in their lawsuit to overturn the ACA yesterday. In these briefs they argued in favor of ripping health care from more than 23 million Americans and protections for 135 million with pre-existing conditions – a move that would devastate Black and Latino communities across the country.

Read How Strengthening the ACA Would Help Black Communities Here

Read How Strengthening the ACA Would Help Latino Communities Here

“The Affordable Care Act has increased coverage and improved health outcomes for Black and Latino communities, but President Trump wants to take that all away,” said Protect Our Care Chair Leslie Dach. “Black and Latino communities are bearing much of the brunt of the coronavirus crisis and deserve more — not less — accessible and affordable health care, which is what House Democrats are doing by building on the successes of the Affordable Care Act. While President Trump and his Republican allies plow ahead with a lawsuit to rip health care away from 23 million Americans and protections from 135 million people with pre-existing conditions, Speaker Pelosi and House Democrats will be voting on legislation to expand coverage, lower costs and reduce health care disparities that will help Black and Latino communities get the care they need during the worst public health crisis in a century.”

We have reached a critical point for the future of American health care and the fate of the Affordable Care Act (ACA). On June 25th, Trump’s Department Of Justice (DOJ) and Republican-led states submitted their briefs in support of California v. Texas, the lawsuit seeking to strike down the ACA. If President Trump and Republicans have their way, 20 million Americans will lose their insurance coverage, 135 million Americans with pre-existing conditions will be stripped of their protections, and costs will go up for millions. The consequences of the lawsuit for America’s health care are particularly devastating at a time the country is gripped by the coronavirus crisis which threatens the health and safety of the entire nation.

No action would be more damaging to Americans’ health and safety than if the Trump administration achieves their desired goal of overturning the ACA in its entirety during this crisis. When the court hears this case, there will likely be no vaccine and no viable treatment for the virus. When millions of Americans have already lost health insurance due to the pandemic, it’s absurd that President Trump is arguing in court that 20 million more Americans should lose their health care. And when millions of Americans who contract the coronavirus join the 135 million Americans with a pre-existing condition, President Trump will also be arguing in court to allow insurance companies to deny them coverage or charge them more. The submission of these briefs from Republican states will put the Trump administration’s politically-motivated lawsuit on full display for the American people in front of the highest court.

Days of Action: Day 5 of 12 focuses on protections for people with pre-existing conditions. To learn more about our Days of Action, visit our website.

What’s At Stake: Protections for People with Pre-Existing Conditions

Without the ACA, protections for 135 million Americans with pre-existing conditions will be eliminated overnight, and the uninsured rate will increase by 65 percent. Making matters worse, if the ACA is struck down, everyone who contracts the coronavirus could be deemed as having a pre-existing condition and be at the mercy of their insurance companies who could refuse to pay for needed care. It’s critical that Americans understand just what’s at stake if this outrageous and irresponsible lawsuit succeeds.

The ACA included four key provisions that protect people with pre-existing conditions. If the law is overturned in the Texas lawsuit: 

• GONE: Rule that forbids insurance companies from denying coverage to people with pre-existing conditions. 
• GONE: Rule that prevents insurers from charging people with pre-existing conditions more. 
• GONE: Requirements that insurance companies cover essential health benefits, such as prescription drugs and maternity care.
• GONE: Ban on insurance companies having lifetime caps on coverage.

Premium Surcharges Can Once Again Be In The Six Figures. Thanks to the Republican lawsuit, insurance companies can charge people more because of a pre-existing condition. The House-passed repeal bill had a similar provision, and an analysis by the Center for American Progress found that insurers could charge up to $4,270 more for asthma, $17,060 more for pregnancy, $26,180 more for rheumatoid arthritis and $140,510 more for metastatic cancer.

More Than 140 Million Americans Could Once Again Have To Pay For Preventive Care. Because of the ACA, private health plans must cover preventive services — like flu shots, cancer screenings, contraception, and mammograms – at no cost to consumers. More than 140 million Americans are enrolled in plans that provide free preventive services, including 133 million people with employer coverage. 

Insurance Companies Would Not Have To Provide The Coverage You Need. The Affordable Care Act made comprehensive coverage more available by requiring insurance companies to include “essential health benefits” in their plans, such as maternity care, hospitalization, substance abuse care and prescription drug coverage. Before the ACA, people had to pay extra for separate coverage for these benefits. For example, in 2013, 75 percent of non-group plans did not cover maternity care, 45 percent did not cover substance abuse disorder services, and 38 percent did not cover mental health services. Six percent did not even cover generic drugs.

Reinstate Lifetime and Annual Limits On 109 Million Privately Insured Americans. Repealing the Affordable Care Act means insurance companies would be able to impose annual and lifetime limits on coverage for those insured through their employer or on the individual market. In 2009, prior to the implementation of the ACA, 59 percent of workers covered by employer-sponsored health plans had a lifetime limit. 

Before the Affordable Care Act, insurance companies routinely denied people coverage because of a pre-existing condition or canceled coverage when a person got sick.

Republicans Want To Put Insurance Companies Back In Charge, Ending Protections For The 135 Million People With A Pre-Existing Condition

• According to a recent analysis by the Center for American Progress, roughly half of nonelderly Americans, or as many as 135 million people, have a pre-existing condition. This includes:
• • 44 million people who have high blood pressure
  • 45 million people who have behavioral health disorders
  • 44 million people who have high cholesterol
  • 34 million people who have asthma and chronic lung disease
  • 34 million people who have osteoarthritis and other joint disorders
• More than 17 million children, 68 million women, and 32 million people aged 55-64 have a pre-existing condition.

American Cancer Society, American Cancer Society Cancer Action Network, American DIabetes Association, American Heart Association, American Lung Association, and National Multiple Sclerosis Society: “Striking Down These Provisions Would Be Catastrophic And Have Dire Consequences For Many Patients With Serious Illnesses.” [American Cancer Society et. al, 6/14/18]

Washington, DC – Today, the Trump administration and Republican attorneys general are filing their briefs with the Supreme Court in support of California v. Texas, the lawsuit seeking to strike down the ACA in the midst of the coronavirus crisis. In the brief already filed by Republican AGs, they advocated for ripping health care from more than 20 million Americans, protections for 135 million American with pre-existing conditions and raising costs across the board — all in the midst of a public health crisis. The Trump administration is expected to file a similar brief later today. Voters overwhelmingly reject this lawsuit and do not support President Trump and his Republican allies’ attempts to repeal the ACA. In response to the briefs being filed today, Protect Our Care Executive Director Brad Woodhouse issued the following statement:

“President Trump and Republicans are making clear that even in the worst health crisis in a generation they are still hellbent on taking away your health care. The briefs being filed today put the Trump administration and Republicans’ politically motivated lawsuit on full display in front of the highest court as they make crystal clear their intention to rip health care from 20 million Americans and protections for 135 million with pre-existing conditions. The court should strike down this disastrous lawsuit that would devastate Americans’ health care at a time when they need it most. Americans understand exactly how dangerous and irresponsible this lawsuit is, especially as the coronavirus crisis continues to devastate the country and the health of millions of Americans continues to be at imminent risk.”

BACKGROUND:

If the Affordable Care Act is struck down:

• GONE: Protections for 135 million Americans with pre-existing conditions. The uninsured rate will increase by 65 percent. 
• GONE: Medicaid expansion, which covers 17 million people. 
• GONE: Nearly 12 million seniors will have to pay more for prescription drugs because the Medicare ‘donut hole’ will be reopened.
• GONE: 2.3 million adult children will no longer be able to stay on their parents’ insurance.
• GONE: Insurance companies will be able to charge women 50 percent more than men.
• GONE: Financial assistance that helps 9 million people purchase health care in the marketplace.
• GONE: Key support for rural hospitals. As Americans lose coverage, already struggling hospitals will be hit even harder as their costs increase.
• GONE: Ban on insurance companies having lifetime caps on coverage.
• GONE: Requirements that insurance companies cover prescription drugs and maternity care.

For more information on the impact of the Texas lawsuit, click here.

Press Call Audio Available Here

Washington, DC — On a press call this morning, Senator Ron Wyden (D-OR), Ranking Member of the Senate Finance Committee, House Majority Leader Steny H. Hoyer (D-MD-05), Congressman David Cicilline (D-RI-01), Chair of the House Democratic Policy and Communications Committee, along with Little Lobbyists Executive Director and Co-Founder Elena Hung and Protect Our Care discussed the briefs being filed today in the Supreme Court by the Trump administration and Republican AGs in support of their lawsuit to terminate the ACA. As the elected officials on the call made clear, the briefs being filed will put the Trump and Republican lawsuit to rip health care from 20 million Americans and protections for 135 million with pre-existing conditions on full display in front of the nation’s highest court and during a global pandemic. The briefs are being filed one day after House Democrats introduced legislation to build on the ACA and make health care more accessible and affordable. 

“Today Americans are going to once again see the Trump plan for health care. Instead of steps to rein in COVID-19 and lower health care costs to families struggling to make ends meet, Trump and Bill Barr are going to publish a blueprint on how to dismantle American health care in the middle of a pandemic,” said Senator Wyden. “The stakes have always been high, but now they are even higher. Americans need to know that this brief sums up what Trump and Republicans think about health care: affordable health care is not a right for everybody.”

“The difference between Democrats’ priorities and those of Republicans could not be more stark, and I thank Protect Our Care for leading a call today on this issue and for their tireless efforts to defend Americans’ health care,” said Leader Hoyer. “As Republicans file briefs in support of their lawsuit to strike down the ACA and its protections for those with pre-existing conditions, Democrats have unveiled legislation to strengthen and enhance the ACA, which I’m proud to bring to the Floor next Monday. Our bill will build on the success of the ACA, which has provided coverage to 20 million more Americans and has brought costs down. President Trump and Congressional Republicans, on the other hand, want to take away protections for 135 million Americans with pre-existing conditions, raise costs, and impose an age tax on older Americans – in the middle of a pandemic. That is cruel and it will cost lives. As we approach Monday’s vote, I continue to urge Congressional Republicans to join us in protecting and strengthening the law. I hope House Republicans will join us in supporting it, and I call on Senate Republicans to take it up following House passage.”

“Republicans are obsessed with taking away health care from the American people. They’ve been trying to do it for a decade, but this is the first time they’ve tried to do it in the middle of a public health pandemic,” said Congressman Cicilline. “Democrats are voting in the House next Monday to pass Patient Protection and Affordable Care Enhancement Act to lower health care costs, protect patients with pre-existing conditions, expand Medicaid, and lower prescription drug costs.”

“In the middle of a pandemic, the Trump Administration and Republican party want to destroy the law that currently provides vital protections to people with pre-existing conditions and health care coverage to millions of Americans”, said Little Lobbyists Executive Director and Co-Founder Elena Hung. “They want to repeal the ACA, and they still do not have a replacement plan. This is not a difference in politics and policies. This is a difference in morals and values. Health care is a human right, and our country deserves so much better.” 

“There is simply no action that would be more devastating to the ongoing health crisis than if the Trump administration and Republicans overturn the ACA and rip health care away from millions of Americans,” said Protect Our Care Chair Leslie Dach. “The briefs being filed today will put the Republican war on health care on full display in front of the American people. The contrast between the efforts of Democrats to expand coverage, lower costs and strengthen protections and the ongoing Republican effort to take it all away in the middle of a pandemic could not be clearer.” 

As the nation grapples with the coronavirus crisis that threatens everyone’s health and safety, the Trump administration is aggressively pushing forward its lawsuit to “terminate” the ACA and take away Americans’ health care. “America in Crisis,” a digital ad from Protect Our Care highlights the devastation that the Trump administration’s politically motivated lawsuit before the Supreme Court to overturn the Affordable Care Act would have for our nation in the midst of this pandemic. POC’s video comes on the day the Trump administration and Republican attorneys general file briefs to the Supreme Court in their lawsuit that would rip health care from 23 million Americans and protections for 135 million with pre-existing conditions. With over 120,000 Americans dead from the coronavirus and millions without jobs or health care, this lawsuit would further devastate the country and plunge our health care system into chaos at a time when people need it the most.  

WATCH: America in Crisis

We have reached a critical point for the future of American health care and the fate of the Affordable Care Act (ACA). Today, Trump’s Department Of Justice (DOJ) and Republican-led states are submitting their briefs in support of California v. Texas, the lawsuit seeking to strike down the ACA. If President Trump and Republicans have their way, 20 million Americans will lose their insurance coverage, 135 million Americans with pre-existing conditions will be stripped of their protections, and costs will go up for millions. The consequences of the lawsuit for America’s health care are particularly devastating at a time the country is gripped by the coronavirus crisis which threatens the health and safety of the entire nation.

No action would be more damaging to Americans’ health and safety than if the Trump administration achieves their desired goal of overturning the ACA in its entirety during this crisis. When the court hears this case, there will likely be no vaccine and no viable treatment for the virus. When millions of Americans have already lost health insurance due to the pandemic, it’s absurd that President Trump is arguing in court that 20 million more Americans should lose their health care. And when millions of Americans who contract the coronavirus join the 135 million Americans with a pre-existing condition, President Trump will also be arguing in court to allow insurance companies to deny them coverage or charge them more. The submission of these briefs from Republican states will put the Trump administration’s politically-motivated lawsuit on full display for the American people in front of the highest court.

Days of Action: Day 4 of 12 focuses on prescription drug costs. To learn more about our Days of Action, visit our website.

What’s At Stake: Prescription Drug Costs

As millions of Americans are facing the possibility of coronavirus and devastating health care bills, controlling the cost of prescription drugs has never been more critical. It is paramount that patients are able to afford any viable treatments and vaccines when they are available. A recent poll found that 88 percent of Americans fear that drug companies will use the pandemic as an excuse to raise prices. If Trump gets his way and the Supreme Court strikes down the ACA, prescription drug prices will skyrocket as the country continues to battle this crisis. 

Two-Thirds Of Adults Report That Prescription Drug Prices Have Increased Under Trump. “Two-thirds of U.S. adults (66%) report that prescription drug prices have increased either a little or a lot since 2017, the first year of the Trump administration. Self-identified Democrats (81%) and independents (70%) are more likely to perceive an increase in prices than are Republicans (47%), although less than 10% among all three groups see a decline in drug prices during this period.” [Gallup, 4/28/20] 

Coverage Confirms Drug Companies Are Already Taking Advantage Of The Coronavirus Crisis: 

Axios: Gilead CEO Has “Punted All Questions” Related To New Coronavirus Treatment’s Cost. “Gilead CEO Daniel O’Day has punted all questions related to remdesivir’s price thus far. Gilead is giving away its existing remdesivir supply, which would cover about 140,000 patients, and won’t land on a price until more data comes in. The company is spending ‘up to $1 billion’ on the drug, though it has also received sizable taxpayer investment for remdesivir — dating back to when the drug was tested for Ebola.” [Axios, 5/7/20] 

• ICER Suggested That Gilead Could Be Justified In Charging Up To $4,500 Per Treatment Course For Coronavirus Patients. “A study by the Institute for Clinical and Economic Review suggested a ceiling price of $4,500 per treatment course — assuming 10 days—for remdesivir. The report considered that R&D costs for the drug would already have been reclaimed in Gilead’s antivirals that have made it to market, and would not need to be included in the pricing considerations.” [Yahoo Finance, 5/5/20] 

Axios: Drugmaker Tripled The Price Of A Pill As It Pursued Coronavirus Use. “Going into this year, the list price of a 60-pill bottle of Mytesi — an antidiarrheal medication specifically for people with HIV/AIDS who are on antiretroviral drugs — was $668.52. On April 9, Jaguar Health raised the price to $2,206.52, according to pricing data from Elsevier’s Gold Standard Drug Database. Between the lines: The price hike coincides with the company’s push to get its drug to more patients — specifically those diagnosed with COVID-19.” [Axios, 4/23/20] 

Associated Press: Gilead Sciences Sought Rare Disease Status For Potential Coronavirus Treatment, Which Is Potentially Worth Millions In Tax Breaks. “The pharmaceutical giant that makes a promising coronavirus drug has registered it as a rare disease treatment with U.S. regulators, a status that can potentially be worth millions in tax breaks and competition-free sales…The FDA granted the status on Monday, according to the agency’s website. If approved for coronavirus, Gilead Sciences would receive seven years of exclusive U.S. marketing for the drug and tax credits on its research and development costs.” [Associated Press, 3/25/20] 

• Gilead Sciences Rescinded Request For Exclusivity After Backlash. “Gilead Sciences On Wednesday announced that it has submitted a request to the Food and Drug Administration to rescind the exclusive marketing rights it had secured for remdesivir, an antiviral drug that shows promise in treating Covid-19, the disease caused by the new coronavirus. As The Intercept reported on Monday, the FDA had awarded Gilead seven years of exclusive marketing rights to the drug through the Orphan Drug Act, even though the statute was designed to induce pharmaceutical companies to make treatments for rare diseases that affect fewer than 200,000 people in the United States.” [The Intercept, 3/25/20] 

If The ACA Is Overturned, The High Cost Of Prescription Drugs Would Only Get Worse:

• GONE: Rules that increase competition in the prescription drug market and help Americans access cheaper drugs. 
• GONE: Consumer protections that prohibit drug companies from paying off doctors behind closed doors to influence the drugs they prescribe to patients.
• GONE: Nearly 12 million seniors will have to pay more for prescription drugs because the Medicare ‘donut hole’ will be reopened.

ACA Repeal Means More Profits For Drug Companies And Higher Costs For Consumers. 

Consumers could be forced to pay more for drugs. The ACA’s Biologics Price Competition and Innovation Act paved the way for the Food and Drug Administration (FDA) to approve biosimilars, cheaper alternatives to expensive biologics. Without the ACA, approval of biosimilars will be in jeopardy, and drug companies may be less likely to invest in new biosimilar drugs. This change will make it harder for Americans to access low-cost alternatives to expensive biologic medications. It will also jeopardize the predicted $54 billion in savings that biosimilars are expected to produce between 2017 and 2026.

Drug companies would once again be allowed to pay doctors behind closed doors (to prescribe drugs you don’t necessarily need). Without the ACA’s Physician Payments Sunshine Act, Big Pharma will once again be allowed to make payments and offer gifts to doctors behind closed doors. When these payments are made with no transparency, they can create conflicts of interest and blur the line between objective and promotional research. The outcome of the Texas lawsuit has the potential to uproot the health care system all while giving drug companies even more power. 

Reopening the “donut hole” would make medications more expensive for 12 million seniors. If the entire ACA is overturned, seniors will have to pay more for prescription drugs because the Medicare “donut” hole will be reopened. From 2010 to 2016, “More than 11.8 million Medicare beneficiaries have received discounts over $26.8 billion on prescription drugs – an average of $2,272 per beneficiary,” according to a January 2017 Centers on Medicare and Medicaid Services report. 

Democrats’ Bill to Strengthen the ACA Unveiled One Day Before Trump and Republican AGs File Briefs in Support of the Lawsuit to Overturn the Law 

Washington, DC — Today at a press conference, Speaker Pelosi and House Democrats formally introduced the “Patient Protection and Affordable Care Enhancement Act” a landmark bill to improve health care for Americans by building on key provisions in the Affordable Care Act. As highlighted at today’s press conference, the bill will lower the costs of health insurance by offering increased financial assistance to more people and increasing funding for outreach for open enrollment. It will improve health care by incentivizing holdout states to expand Medicaid and expanding Medicaid eligibility for mothers 12 months postpartum. New polling this week found that a bipartisan majority of Americans support these provisions of the bill and reject Trump’s lawsuit to overturn the ACA. The introduction of Democrats’ bill comes just one day before the Trump administration and Republican-led states will file briefs in support of their lawsuit to overturn the ACA and rip health care from 20 million Americans, a contrast that has already garnered significant attention. In response, Protect Our Care Chair Leslie Dach issued the following statement: 

“The bill unveiled by House Democrats today will lower costs, expand coverage, and strengthen protections for pre-existing conditions at a time when access to affordable health care has never been more critical. Democrats are improving Americans’ health care while 24 hours later, Donald Trump and Republicans will file briefs in their lawsuit to take health care away from 20 million Americans and protections away from 135 million people with a pre-existing condition. One side is trying to rip coverage away from millions of Americans in the midst of a public health crisis while the other is trying to make health care more accessible and affordable for the American people — the choice is clear.”

We have reached a critical point for the future of American health care and the fate of the Affordable Care Act (ACA). On June 25th, Trump’s Department Of Justice (DOJ) and Republican-led states are submitting their briefs in support of California v. Texas, the lawsuit seeking to strike down the ACA. If President Trump and Republicans have their way, 20 million Americans will lose their insurance coverage, 135 million Americans with pre-existing conditions will be stripped of their protections, and costs will go up for millions. The consequences of the lawsuit for America’s health care are particularly devastating at a time the country is gripped by the coronavirus crisis which threatens the health and safety of the entire nation.

No action would be more damaging to Americans’ health and safety than if the Trump administration achieves their desired goal of overturning the ACA in its entirety during this crisis. When the court hears this case, there will likely be no vaccine and no viable treatment for the virus. When millions of Americans have already lost health insurance due to the pandemic, it’s absurd that President Trump is arguing in court that 20 million more Americans should lose their health care. And when millions of Americans who contract the coronavirus join the 135 million Americans with a pre-existing condition, President Trump will also be arguing in court to allow insurance companies to deny them coverage or charge them more. The submission of these briefs from Republican states will put the Trump administration’s politically-motivated lawsuit on full display for the American people in front of the highest court.

Days of Action: Day 3 of 12 focuses on seniors’ health. To learn more about our Days of Action, visit our website.

What’s At Stake: Key Protections For Seniors

The Affordable Care Act ensures critical protections for seniors and older adults nationwide. Between lowering prescription drug costs and limiting the amount insurers can charge, the ACA expanded access to health care for individuals aged 50 and older. 

Health care coverage for seniors is particularly important during the coronavirus pandemic. Older adults and seniors face unique risks as the country grapples with this health care crisis. According to the Centers for Disease Control and Prevention, the groups “at high-risk for severe illness from Covid-19” are people 65 years and older and individuals who live in nursing homes and long-term care facilities. More than 100,000 Americans have died from coronavirus, with an estimated 80 percent of deaths among those over the age of 65. Nursing homes and long-term care facilities across the country have experienced a surge in outbreaks, with about 40 percent of deaths associated with these facilities. 

The ACA made significant improvements in health care access for seniors: 

AARP: Before ACA’s Protections, Discrimination Against Those With Pre-Existing Conditions, Age Rating, And Annual And Lifetime Caps Made Accessing Health Care Out Of Reach For Older Adults. [AARP, 6/14/18]

Medicaid Expansion Saved The Lives Of At Least 19,200 Older Adults. A report by the Center On Budget And Policy Priorities found that “The Affordable Care Act’s (ACA) expansion of Medicaid to low-income adults is preventing thousands of premature deaths each year, a landmark study finds.[1] It saved the lives of at least 19,200 adults aged 55 to 64 over the four-year period from 2014 to 2017. Conversely, 15,600 older adults died prematurely because of state decisions not to expand Medicaid.” [Center On Budget And Policy Priorities, 11/6/19] 

Seniors stand to lose if the ACA is overturned. If the ACA is struck down in court: 

32 Million Older Adults With Pre-Existing Conditions Would Lose Protections. According to the Center for American Progress, nearly 32 million people aged 55-64 have pre-existing conditions. 

People Over The Age of 50 Will Face A $4,000 “Age Tax.” Thanks to the Republican lawsuit, insurance companies can charge people over 50 more than younger people. The Affordable Care Act limited the amount older people could be charged to three times more than younger people. If insurers were to charge five times more, as was proposed in the Republican repeal bills, that would add an average “age tax” of $4,124 for a 60-year-old in the individual market, according to the AARP.

Seniors Will Have To Pay More For Prescription Drugs. Thanks to the Republican lawsuit, seniors will have to pay more for prescription drugs because the Medicare “donut” hole got reopened. From 2010 to 2016, “More than 11.8 million Medicare beneficiaries have received discounts over $26.8 billion on prescription drugs – an average of $2,272 per beneficiary,” according to a January 2017 Centers on Medicare and Medicaid Services report.

Seniors Will No Longer Be Guaranteed Free Preventive Services And Annual Check-Ups. 60 million people with Medicare have access to free preventive services because of the Affordable Care Act.

Seniors Could Once Again See Less Coordinated Care. Provisions in the ACA encouraged groups of doctors, hospitals, and other health care providers to come together to provide coordinated high-quality care to the Medicare patients they serve. In fact, 8.9 million Medicare beneficiaries are now benefiting from higher quality, more coordinated care.

A series of stories this week puts the Trump administration’s years-long agenda to sabotage American health care into clear focus as a key deadline in their lawsuit to overturn the health care law approaches. On June 25th, the Trump administration and Republican-led states will file briefs in support of their lawsuit to overturn the ACA and rip health care from 20 million Americans, raise health care costs and gut protections for 135 million Americans with pre-existing conditions. Just days later, Speaker Pelosi and House Democrats will bring legislation they introduced this week to the floor to build on the Affordable Care Act by lowering costs, expanding coverage and strengthening protections for those with pre-existing conditions.

Last week, Protect Our Care published a memo arguing that this is a consequential week for American health with one side trying to rip coverage away from millions of Americans in the middle of a pandemic while the other is trying to make health care more accessible and affordable for the American people. 

Reporting this week from the New York Times as well as Bloomberg and Roll Call has reaffirmed the importance of this week’s developments for the future of health care by putting into “sharp focus” the Trump administration’s intentions to rip away health care from Americans during a pandemic, in contrast to Democrats’ plans to expand coverage and lower costs. 

New York Times: G.O.P. Faces Risk From Push to Repeal Health Law During Pandemic

WASHINGTON — Republicans are increasingly worried that their decade-long push to repeal the Affordable Care Act will hurt them in the November elections, as coronavirus cases spike around the country and millions of Americans who have lost jobs during the pandemic lose their health coverage as well.

The issue will come into sharp focus this week, when the White House is expected to file legal briefs asking the Supreme Court to put an end to the program, popularly known as Obamacare. Speaker Nancy Pelosi, seizing on the moment, will unveil a Democratic bill to lower the cost of health care, with a vote scheduled for next week in the House.

Republicans have long said their goal is to “repeal and replace” the Affordable Care Act but have yet to agree on an alternative. This week’s back-to-back developments — Ms. Pelosi’s bill announcement on Wednesday, followed on Thursday by the administration’s legal filing — has put Republicans in a difficult spot, strategists say.

…

In Montana, Gov. Steve Bullock, a Democrat, jumped into the race to defeat the Republican incumbent, Senator Steve Daines, in March, just as the pandemic was exploding. Three days later, a liberal group, Protect Our Care, announced a $250,000 ad campaign attacking Mr. Daines as “dead set on taking on away Montanans’ health care” after voting five times to repeal the health law. Cook Political moved the race to its tossup column last week.

…

The coronavirus has changed the national discussion around health care in ways that go beyond the issue of cost. The pandemic has exposed racial disparities in care, making health care a more important issue for African-Americans and Latinos, core Democratic constituencies.

And with everyone at risk from a fast-spreading, and sometimes fatal, infectious disease, Democrats have an easier time making the case that everyone should be covered.

“For years, Republicans banked on the idea that people didn’t care about other people’s health care — that you would only care about your own, and their entire campaign against the Affordable Care Act was built on that assumption,” said Jesse Ferguson, a Democratic strategist who specializes in health care messaging.

“People now see a clear and present threat when others don’t have health care,” he said. “Republicans have no response to that because their entire worldview on health care is built on an assumption that’s now out of date.”

And with Mr. Trump making dubious claims about health care — like suggesting people inject or drink bleach, and promoting an unproven malaria drug — Democrats are seeking to paint him and his party as ignorant on an important issue.

“We have become the party of health care — this is increasingly our brand, this is what we have fought for,” said Representative Cheri Bustos, Democrat of Illinois and the chairwoman of the House Democrats’ campaign arm. “They are becoming the party of drinking bleach.”

…

Ms. Pelosi’s bill is aimed at shoring up the Affordable Care Act, which she helped muscle through Congress during her first speakership, and reducing premiums, which are skyrocketing. Ms. Pelosi had intended to unveil the measure in early March, for the health law’s 10th anniversary, at a joint appearance with former President Barack Obama. But the event was canceled amid the mounting coronavirus threat.

The bill would expand subsidies for health care premiums under the Affordable Care Act so families would pay no more than 8.5 percent of their income for health coverage; allow the government to negotiate prices with pharmaceutical companies; provide a path for uninsured pregnant women to be covered by Medicaid for a year after giving birth; and offer incentives to those states that have not expanded Medicaid under the law to do so.

…

The health law has already survived two court challenges. In the current Supreme Court case, 20 states, led by Texas, argue that when Congress eliminated the so-called individual mandate — the penalty for failing to obtain health insurance — lawmakers rendered the entire law unconstitutional. The Trump administration, though a defendant, supports the challenge.

Bloomberg Law: House Democrats Move to Shore Up Obamacare Ahead of Election

Democrats, seeking to draw a contrast with President Donald Trump‘s health agenda before the November elections, plan to vote this week on a package of measures to strengthen Obamacare.

House leaders have timed the vote to coincide with an important deadline for a lawsuit, which the Trump administration supports, that challenges the constitutionality of the Affordable Care Act. Groups aligned with Democrats will hold events all week with lawmakers in battleground states highlighting the legislation and condemning the lawsuit.

The goal is to recapture for the November elections some of the energy of the 2018 midterms, when Democrats regained control of the House. The party made health care a centerpiece of its campaign platform, and will attempt to hold on to 29 seats in districts that voted for Trump in 2016. Democrats are also eyeing the Senate, where they need a four-seat gain to take control—three if they win the White House.

…

The House is slated to vote on the bill June 25, the same date briefs are due in a lawsuit that could overturn the health-care law if successful.

“There’s not going to be a more clear opportunity to show how the different parties are approaching health care,” said Michael Feldman, a spokesman for Protect Our Care, a pro-Affordable Care Act organization that works closely with House Democrats. Feldman’s group is holding virtual events with lawmakers in 13 states including Arizona, Pennsylvania, Wisconsin, Iowa and Minnesota.

Lawmakers in those states will look to highlight areas of the Affordable Care Act aiding those affected by the Coid-19 pandemic and the related rise in unemployment, such as the expansion of Medicaid.

… 

House leaders Monday unveiled legislation (H.R. 1425) that would expand Obamacare’s insurance subsidies and encourage more states to extend eligibility for their public health insurance programs for the poor by reducing federal funds to those states for certain administrative services. The package would be paid for by legislation (H.R. 3) directing the government to demand lower drug prices for certain medications, another main tenet of the Democrats’ health agenda.

The legislation also would support adding more Americans to Medicaid rolls by giving states the option to raise the maximum income for enrollees. It would expand eligibility for premium tax credits beyond the current limit of 400% of the federal poverty line, extending subsidized private insurance to more Americans.

Roll Call: House Democrats to consider measure to strengthen Obamacare

House Democrats on Monday released legislation to bolster the 2010 health care law, which the Rules Committee plans to consider this week.

The measure, which is expected to get a floor vote as soon as this month, comes as Democrats are betting that focusing on health care — a top priority for voters — will be to their advantage in the November elections. 

…

Democratic campaign committees have said in recent weeks that health care is on the ballot in the midst of the COVID-19 pandemic. The groups issued a joint memo last month explaining how a focus on health care would draw comparisons with Republicans up and down the ballot.

The vote on the House measure will come around the same time as the Trump administration and Republican attorneys general seeking to overturn the health care law are set to file their opening briefs to the Supreme Court in Texas v. California. Those states are set to file their opening briefs on Friday.