News

Yesterday, state Republican and Trump administration lawyers took to the Fifth Circuit Court of Appeals to double down on their argument that the Affordable Care Act should be overturned. If they succeed in court, 20 million Americans would lose coverage,130 Americans with pre-existing conditions would lose critical protections, the uninsured rate would increase by 65 percent, and the American health care system would be thrown into chaos. 

The facts of the matter are simple: Republicans are behind this politically-motivated lawsuit. The administration and Republicans in Congress and have had ample opportunity to defend Americans’ health care and have refused to do so time and again. If the Affordable Care Act is struck down, lives will be lost, and Trump and his Republican allies will be to blame. Yesterday’s hearing made crystal clear that we have very real reason to be concerned.

Los Angeles Times: Federal Appeals Court Appears Skeptical Of Obamacare, Putting Future Of Law In Doubt. “The three judges on the appeals court panel in New Orleans asked few questions about how the latest legal challenge could affect Americans’ access to health insurance. Instead, two of the judges – both appointed by Republican presidents – focused more on why the law should remain on the books after Congress in 2017 scrapped a tax penalty against people who didn’t have health insurance. That provision was once deemed essential to the law’s program for guaranteeing Americans insurance. The penalty was also crucial to the healthcare law’s survival when it first came before the Supreme Court in 2012 in a lawsuit that alleged the insurance requirement was unconstitutional.” [Los Angeles Times, 7/9/19]

New York Times: Appeals Court Seems Skeptical About Constitutionality Of Obamacare Mandate. “The two Republican appointees, Jennifer Walker Elrod, appointed by President George W. Bush in 2007, and Kurt Engelhardt, appointed by President Trump in 2018, seemed particularly skeptical of the Democratic defendants’ argument that Congress had fully intended to keep the rest of the law when it eliminated the penalty for going without insurance as part of its 2017 tax overhaul. The arguments in the United States Court of Appeals for the Fifth Circuit were a stark reminder of the enormous stakes of the case, not only for millions of people who gained health insurance through the law but for the political futures of Mr. Trump and other candidates in the 2020 elections.” [New York Times, 7/9/19]

Wall Street Journal: Appeals Court Signals Peril For Affordable Care Act. “Texas and the other Republican plaintiffs argued that the ACA’s insurance mandate couldn’t be upheld under the Constitution if there was no financial penalty, because the Supreme Court previously upheld the mandate based on Congress’s taxing power…A three-judge Fifth Circuit panel on Tuesday appeared receptive to that argument. ‘If you no longer have the tax, why isn’t it unconstitutional?’ asked Judge Jennifer Elrod, a George W. Bush appointee.” [Wall Street Journal, 7/9/19]

Washington Post: “Federal Appeals Court Judges Expressed Skepticism Tuesday That The Nearly Decade-Old Law That Refashioned The Nation’s Health-care System Should Remain Intact…” “Federal appeals court judges expressed skepticism Tuesday that the nearly decade-old law that refashioned the nation’s health-care system should remain intact after Congress eliminated a tax penalty for Americans who fail to carry health insurance. During oral arguments in a case with momentous stakes for consumers and politicians ahead of the 2020 elections, two members of a three-judge panel of the U.S. Court of Appeals for the 5th Circuit grilled lawyers representing Democratic-led states and the U.S. House to explain why the Affordable Care Act remains valid.” [Washington Post, 7/9/19]

CNN: Republican-appointed Judges Appear To Side With Texas Challenge To Obamacare. “Two Republican-appointed judges hearing a Trump-backed challenge to Obamacare strongly suggested Tuesday that when Congress eliminated the penalty for not buying health insurance it threw the entire landmark health care law into question, including protections for those with pre-existing conditions. Such a ruling would threaten to wipe away coverage for millions of Americans and have a dramatic impact on a presidential race that is already focused on access to and costs of health care, nearly 10 years after President Barack Obama signed his signature domestic achievement.” [CNN, 7/9/19]

CBS News: Appeals Court Appears Ready To Rule Obamacare Unconstitutional. “The Affordable Care Act, and the health coverage of millions of Americans, could face a major threat to its future.  A federal appeals court in New Orleans appears ready to rule that a core provision of Obamacare is unconstitutional.” [CBS News, 7/10/19]

Politico: Appeals Court Skeptical Obamacare Can Survive. “In December, U.S. District Court Judge Reed O’Connor sided with the Republican-led states, shocking legal experts. The lawsuit was once seen as a long-shot, but it’s received serious consideration by Republican-appointed judges. Appellate Judge Jennifer Elrod, a George W. Bush appointee, on Tuesday posited that lawmakers — who failed to agree on an Obamacare replacement plan two years ago — deliberately eliminated the mandate penalty because they knew the rest of the law would have to fall. She said perhaps lawmakers thought, ‘Aha, this is the silver bullet that’s going to undo Obamacare.’” [Politico, 7/9/19]

HuffPost: Future Of Obamacare Uncertain As Appeals Court Grills Democratic Defenders. ”A federal appeals court panel grilled Democratic attorneys general on Tuesday about whether Obamacare violates the U.S. Constitution, as it weighs whether to uphold a Texas judge’s ruling striking down the landmark healthcare reform law…Republicans have repeatedly tried and failed to repeal Obamacare since its 2010 passage. The Justice Department would normally defend a federal law, but the Trump administration has declined to take that position against a challenge by 18 Republican-led states.” [HuffPost, 7/9/19]

Washington Examiner: ‘Congress Can Fix This’: Judges Weigh Striking Down Obamacare. “Federal appeals judges in New Orleans are entertaining the idea of striking some or all of Obamacare, appearing uncertain during oral arguments Tuesday over whether Congress intended to toss the entire healthcare law…Judge Kurt Engelhardt, who was appointed by President Trump, questioned why Congress couldn’t step in to remedy the situation. He argued that lawmakers could pass legislation to clarify that the law could remain in place even without the penalty in order to render moot the question about severability.” [Washington Examiner, 7/9/19]

Mother Jones: A Federal Court Appears Ready To Buy The GOP’s Argument To Kill Obamacare. “The fate of the Affordable Care Act remains uncertain following a hearing about the law at a federal appeals court in New Orleans. The hearing concerned a lawsuit originally filed by Republican state attorneys general in a Texas district court in 2018, which alleges that the entirety of Obamacare should be invalidated because Congress used the 2017 tax cut law to zero out the financial penalty for the ACA’s individual mandate. In 2012, the Supreme Court upheld the ACA on the grounds that the individual mandate counted as a tax.” [Mother Jones, 7/9/19]

Nicholas Bagley, Professor Of Health Law At University Of Michigan: “It’s Safe To Say That The ACA’s Defenders Had A Tough Day In Court.” “Just how receptive is hard to say, and it’s always hazardous to read too much into oral argument. But it’s safe to say that the ACA’s defenders had a tough day in court…Neither Judge Elrod and Judge Engelhardt appeared troubled about whether the red states had standing to sue. And they were downright hostile to the argument that the ACA should be understood to leave people a choice about whether to buy insurance. Doesn’t the law say that people ‘shall’ buy coverage? And doesn’t Congress know how to repeal or amend a law when it wishes to? The judges listened respectfully when the lawyer for the House of Representatives patiently explained that the Supreme Court has authoritatively interpreted that language to give people a choice about whether to buy insurance or not. And Marty Lederman is right that the argument is embarrassing on its own terms. But they appeared unmoved.” [The Incidental Economist, 7/10/19]

Washington, DC — Following oral arguments today in Texas v. United States, the lawsuit brought by the Trump administration and 19 Republican Attorneys General to dismantle the Affordable Care Act and destroy America’s health care, Protect Our Care executive director Brad Woodhouse issued the following statement:

“The arguments President Trump made today to terminate American health care represent a clear and imminent threat to the health and well-being of millions of Americans. What happened in court was an unambiguous call for the destruction of American health care; stripping coverage from millions, ending protections for pre-existing conditions, and allowing insurance companies to raise costs across the board. Make no mistake, Trump is now one step closer in his years-long quest to dismantle the health care system, and the consequences for Americans could not be graver. While President Trump’s war on health care continues onward, Protect Our Care is mobilizing across the country to send a loud and clear message to Republicans: denounce this lawsuit and stop sabotaging health care, or face the political consequences.”

If the Trump administration and its Republican allies were seeking validation for their lawsuit to destroy America’s health care – they aren’t getting it. Headlines across the country are sounding off about the dire political consequences that Trump’s lawsuit will have for Republicans headed into the 2020 election as oral arguments in the case begin today. 

ABC News’s The Note: Trump Creates Fresh Health Care Mess For GOP. “The Trump administration is leading an effort to have all of Obamacare — yes, even preexisting conditions — ruled unconstitutional, after a judge in Texas ruled in their favor late last year. Another legal victory for the administration would be a win for a GOP base that’s long treated Obamacare as a curse word — or worse. But until, or unless, the president unveils his promised “phenomenal” health care plan, it would be a win that’s widely viewed as a political loss for the Republican Party. Just 38% of Americans overall and 41% of independents approve of the job Trump is doing on health care, according to the latest ABC News/Washington Post poll. GOP leaders on Capitol Hill have made clear they want to fight on more favorable terrain next year.” [ABC News, 7/9/19]

Washington Post: 5th Circuit Decision On ACA Could Create Political Havoc For GOP. “’The difference on health care are Democrats who want to expand coverage and decrease costs and Republicans, whose policies would get rid of coverage, lower coverage for millions of people and increase costs,’ said Brad Woodhouse, the executive director of Protect Our Care, a group that advocates for the 2010 health care law.” [The Washington Post, 7/7/19] 

US News & World Report: “The Unraveling Of The Affordable Care Act Poses Risks For Republicans.” “Even if there’s a courtroom victory for the red states and Trump administration, the unraveling of the Affordable Care Act poses risks for Republicans who haven’t shown much of an appetite for working on a replacement plan ahead of the 2020 elections, particularly after a few failed attempts to pass a health care plan in 2017. Trump, who has vowed to protect coverage for preexisting conditions despite supporting the lawsuit to unwind the law, has sent mixed signals about when the party will come up with a new health care proposal. Whether or not that happens in the near future, Republicans will need to fend off the likely onslaught of health care attacks as they protect their grip on the White House.” [US News & World Report, 7/8/19]

NBC News: “A Victory For Obamacare’s Opponents Could Turn Out To Be A Mixed Blessing For The Republicans.” “A victory for Obamacare’s opponents could turn out to be a mixed blessing for the Republicans. ‘It has the potential to backfire on them, because it would put health care front and center on the agenda for the 2020 election,’ Mark Murray, senior political editor at NBC News, said. ‘Going back to the last election cycle, Democrats have the big advantage when it comes to health care.’” [NBC News, 7/9/19]

The Hill: “The Lawsuit Has Proved To Be A Headache For Congressional Republicans.” “Democrats are using the lawsuit to argue Republicans are a threat to the 20 million people who rely on ObamaCare for health insurance. The lawsuit has proved to be a headache for congressional Republicans seeking to turn the page on their efforts to repeal ObamaCare after the issue helped Democrats win back the House in last year’s midterm elections.” [The Hill, 7/7/19]

Vox: “Republicans May Be Eager For The Focus On It To Die Down So They Don’t Get Beat With This Same Playbook Again.” “In the event that the Fifth Circuit opts to overturn the district court ruling, its decision could potentially be the final say on the matter, giving Democrats another major win on this subject. The ongoing back-and-forth on this case could also catapult the fight over the ACA and protections for those with preexisting conditions to the forefront of the 2020 election. Democrats ran heavily on this issue to win over key swing districts in 2018. Republicans may be eager for the focus on it to die down so they don’t get beat with this same playbook again.” [Vox, 7/9/19]

CNN: “Congressional Republicans Are Keeping Their Distance Since It Gives Democrats Fodder To Attack The GOP.” “Trump is pinning his hopes on the court striking down the law, allowing him to fulfill his campaign promise to repeal it, but congressional Republicans are keeping their distance since it gives Democrats fodder to attack the GOP for not protecting those with pre-existing conditions — a hallmark of the landmark health reform law. Trump has repeatedly said he is working on a replacement plan that will preserve those protections but has yet to release any details.” [CNN, 7/9/19]

President Trump likes to tout his record on drug prices to obscure his abysmal record on health care. But there’s a big problem: It’s all a lie. Today marks at least the fifth time this year that the Trump administration has been fact-checked on their claim that drug prices are going down. The truth is that drug prices continue to go up and Trump’s policies have done nothing to stop it. Not only that, we’re just one day away from Trump’s lawyers going to court for the oral arguments of the Texas lawsuit, which if successful would give insurance companies power to charge as much as they want and cover as little as they want, costs will go up, coverage will get worse, and millions of Americans will lose their health insurance.

July 2019: The Hill: President Trump “Wrongly Claimed Drug Prices Declined In 2018.” “President Trump on Sunday wrongly claimed drug prices declined in 2018, saying bipartisan cooperation on the issue would ‘get big results.’  ‘Last year was the first in 51 years where prescription drug prices actually went down, but things have been, and are being, put in place that will drive them down substantially,’ Trump tweeted Sunday. ‘If Dems would work with us in a bipartisan fashion, we would get big results very fast!’” [The Hill, 7/7/19] 

May 2019: PolitiFact: Trump’s Claims That Drug Prices Are Going Down Are “Mostly False.”  “Trump said, “Drug prices are coming down, first time in 51 years because of my administration.” There is data that could conceivably support the argument that the list prices for some prescription drugs dipped in 2018. But that data doesn’t include many high-priced specialty drugs that drive costs up or the fact that some individual drug prices have increased. Nationally, spending on drugs has continued to climb, even if that growth has slowed. There is also no evidence to support the argument that Trump himself is responsible for changes in drug pricing. This claim has an element of truth, but it ignores key facts and context that would give a very different impression. We rate this claim Mostly False.”  [PolitiFact, 5/22/19] 

April 2019: PolitiFact: White House Chief Of Staff Mick Mulvaney’s Claim That Trump Has Brought Down Drug Prices Is “Mostly False.”  “Mulvaney said, ‘Drug prices in this country actually came down last year for the first time in 50 years. That’s because Donald Trump’s president.’  At first glance, CPI data could conceivably support the argument that the list prices for some prescription drugs dipped. But that data doesn’t include many high-priced specialty drugs that drive costs up, and the pattern it illustrates can change based on the time frame selected. The CPI data set obscures the individual drugs for which the list prices have increased — with far more going up than down. It also does not account for a drug’s true ‘net price.’  Mulvaney’s statement also does not reflect trends showing that, nationally, spending on drugs has continued to climb, even if that growth has slowed. There is also no evidence to support the argument that Trump himself is responsible for changes in drug pricing. This claim has an element of truth, but it ignores key facts and context that would give a very different impression. We rate this claim Mostly False.” [PolitiFact, 4/15/19] 

February 2019: AP: Trump “Selectively Citing Statistics To Exaggerate” Drug Pricing Claims. “A look at one of President Donald Trump’s statements from his State of the Union address on Tuesday night and how it compares with the facts: TRUMP: ‘Already, as a result of my administration’s efforts, in 2018 drug prices experienced their single largest decline in 46 years.’  THE FACTS: Trump is selectively citing statistics to exaggerate what seems to be a slowdown in prices. A broader look at the data shows that drug prices are still rising, but more moderately. Some independent experts say criticism from Trump and congressional Democrats may be causing pharmaceutical companies to show restraint. The Consumer Price Index for prescription drugs shows a O.6 percent reduction in prices in December 2018 when compared with December 2017, the biggest drop in nearly 50 years. The government index tracks a set of medications including brand drugs and generics. However, that same index showed a 1.6 percent increase when comparing the full 12 months of 2018 with the entire previous year. […] Separately, an analysis of brand-name drug prices by The Associated Press shows there were 2,712 price increases in the first half of this January, as compared with 3,327 increases during the same period last year.” [Associated Press, 2/5/19] 

January 2019: Stat: Trump’s Statements About Drug Prices Are “Demonstrably False.”  “President Trump asserted late Friday that drug prices declined for the first time in nearly 50 years, implying in a tweet that his administration’s efforts to speed generic drugs to market were responsible for that historic feat. But in the context of America’s prescription drug market, the statement is both a non sequitur and demonstrably false. A recent analysis of brand-name drugs by the Associated Press found 96 price increases for every price cut in the first seven months of 2018. At the start of last year, drug makers hiked prices on 1,800 medicines by a median of 9.1 percent, and many continued to increase prices throughout the year.” [Stat, 1/12/19] 

New Ad from Protect Our Care Will Also Target GOP Senators for Supporting Trump’s Lawsuit to Destroy Health Care

Washington DC — Protect Our Care is airing a new ad warning the American people about the Trump lawsuit ahead of oral arguments in the case starting tomorrow, July 9. The lawsuit would overturn American’s health care laws, letting insurance companies deny coverage to people with pre-existing conditions and raise costs as much as they want. 

The five-figure ad buy starts on the same day that lawyers for President Trump and 19 Republican Governors and Attorneys General go to New Orleans to argue before the 5th Circuit Court of Appeals in favor of destroying America’s health care. If successful, Trump’s lawsuit would throw our health care system in chaos – ending protections for pre-existing conditions, stripping coverage from 20 million Americans and raising costs across the board. The ad will run on cable in DC, and digitally in-state targeting GOP senators Thom Tillis (R-NC), Cory Gardner (R-CO), Martha McSally (R-AZ) and Joni Ernst (R-IA) – who all support Trump’s Texas lawsuit that would decimate their constituents’ health care.

View the ad HERE

Script: 

President Trump and Republicans are in court this week to strike down our health care laws  and rip away coverage from millions of Americans.

If the Trump lawsuit is successful, it would…

….end protections for 130 million Americans with pre-existing conditions

…. Raise premiums and the cost of prescription drugs

….and, plunge our health care system into chaos.

This is Donald Trump’s health care plan.

Call Congress: Tell them to oppose the Trump lawsuit to repeal American health care.

Despite Donald Trump’s latest tweets and pronouncements, his record on drug pricing is crystal clear: higher bills for us, huge tax breaks for the drug companies.

“While drug prices hikes squeeze families even harder, all Donald Trump has done is give record-breaking tax breaks to the big drug companies while blocking Medicare from negotiating for lower prices,” said Leslie Dach chair of Protect Our Care. “Tuesday morning, Trump’s lawyers will be in court trying to overturn our health care laws. If they succeed, health insurance companies would be free to stop paying any of the costs of prescription drugs. That’s Donald Trump’s health care plan.”

DONALD TRUMP’S RECORD: Rising Cost of Prescription Drugs

Trump falsely claims he’s done something about it…

• STAT NEWS: Trump falsely claims ‘drug prices declined in 2018’

In reality, it’s getting worse under Trump…

• CBS NEWS: Drug prices in 2019 are surging, with hikes at 5 times inflation

But Trump’s buddies and backers at the big drug companies have gotten more rewards…

• AXIOS: 4 pharma companies saved $7 billion from GOP tax law

Washington, DC — A brief was filed today by the Trump administration in the Texas lawsuit and, unsurprisingly, Trump’s lawyers tripled down on overturning America’s health care. If Trump’s lawsuit is successful, it will drive our system into chaos, rip away protections for Americans with pre-existing conditions, strip coverage from millions more and drive up costs for premiums and prescription drugs. In response, Protect Our Care chair Leslie Dach issued the following statement: 

“In his administration’s brief filed today, President Trump tripled down on sending our health care system into complete chaos. President Trump’s true health care plan couldn’t be clearer: If he wins in court, it means stripping health care from millions of Americans, ending protections for pre-existing conditions and driving up premiums and prescription drug up costs for tens of millions more. The American people overwhelmingly stand against President Trump and the Republican party’s relentless war on their health care.”

Americans are struggling with the rising cost of prescription drugs – having to cut pills in half or even go without doses. 

While people who work for a living are paying the price, drug companies & Trump officials are the big winners. 

WINNERS IN DRUG PRICING: THEM

• AXIOS – “4 Pharma Companies Saved $7 Billion From GOP Tax Law” 
• BUSINESS INSIDER – “Ex-FDA Chief Scott Gottlieb Just Joined the Board of $240 Billion Drugmaker Pfizer”

LOSERS IN DRUG PRICING: US

• WALL STREET JOURNAL – “Drugmakers Push Their Prices Higher”
• CBS NEWS – “Drug Prices In 2019 Are Surging, With Hikes At 5 Times Inflation”

Despite President Trump’s promise to lower the cost of prescription drugs, prices continue to skyrocket under his administration. Drug companies have increased the prices of thousands of medications in 2019. 

The Wall Street Journal: Drugmakers Push Their Prices Higher. “Drugmakers initiated a new round of price increases on their products Monday, with some of them affecting generic hospital-administered injectable drugs that are in short supply…All told, 20 companies increased the list prices of over 40 prescription drugs by an average of 13.1%, according to Rx Savings Solutions, which sells software to help employers and health plans choose the least-expensive medicines. On July 1 last year, 16 companies raised the list prices of dozens of drugs by an average 7.8%.” [The Wall Street Journal, 7/1/19] 

Politico: Drug Prices Persistently Rising Despite Trump Efforts. “On Monday, 104 brand-name and generic drug prices rose by a combined 13.1 percent on average, compared to a 7.8 percent average increase in the price for 318 products a year earlier, according to data from Rx Savings Solutions, a health software company.” [Politico, 7/1/19]

CBS News: Drug Prices In 2019 Are Surging, With Hikes At 5 Times Inflation — “More Than 3,400 Drugs Have Boosted Their Prices In The First Six Months Of 2019.” “Price hikes on prescription drugs are surging in 2019, despite vows from lawmakers and the Trump administration to rein in pharmaceutical costs. So far in 2019, more than 3,400 drugs have boosted their prices, a 17% increase compared with the roughly 2,900 drug price increases at the same time in 2018, according to a new analysis by Rx Savings Solutions, a consultant to health plans and employers. The average price hike for those 3,400 drugs stands at 10.5%, or about 5 times the rate of inflation, the study found.” [CBS News, 7/1/19]

Rising Prices For Commonly Used Drugs, Such As Saline, Hurt Hospitals. “Bob Ripley, chief pharmacy officer at Trinity Health, a nonprofit hospital system in Michigan, said he was surprised to see B. Braun raise prices for products used regularly, such as a saline-solution product whose new price will affect Trinity’s budget. ‘We’re going to buy it, we’re going to pay for it,” he said. “We’re going to have to trim the budget somewhere else.’” [The Wall Street Journal, 7/1/19]

Washington, DC — Today, Politico reported that drug prices rose 10.5 percent over the first six months of 2019 despite President Trump’s constant promises that he would lower them. In response, Protect Our Care executive director Brad Woodhouse issued the following statement:

“When Donald Trump ran for president he promised universal health care at cheaper prices, and nearly three years later, all he’s done is sabotage Americans’ health care and allowed drug prices to skyrocket. While drug prices spike through the roof, President Trump has put a former drug industry executive in charge of HHS, done nothing to lower prices, but made darn sure the drug companies and their CEOs got billions in tax cuts. On every score related to health care President Trump has failed the American people and the soaring cost of prescription drugs is the most crippling example.”