For the first time in years, Republicans are playing defense on health care in the midst of an election campaign.
A lot of them would like to keep bashing Obamacare and, now, bash the single-payer plans that are drawing more and more support from Democrats. But the way they have gone after the health care law is keeping their message from prevailing.
Congressional Republicans spent much of 2017 trying to pass legislation to make major changes to Obamacare. Democrats said those bills would gut the law’s protections for people with pre-existing conditions — and Republicans have never come up with a solid response to that charge.
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Republicans compounded their problem by backing an ill-considered lawsuit to invalidate Obamacare, including its provisions about pre-existing conditions. Josh Hawley, the Republican candidate for Senate from Missouri, supports the lawsuit as the state’s attorney general. His opponent, incumbent Democratic Sen. Claire McCaskill, isn’t letting anyone forget it. Hawley says that he favors legislating new protections if the lawsuit succeeds.
It’s the same story in the West Virginia Senate race: A Democratic incumbent, Joe Manchin, is up against a Republican attorney general, Patrick Morrisey, who joined the lawsuit. Manchin is hitting Morrisey hard over the issue.
Some Senate Republicans are trying to contain the political fallout from the lawsuit by introducing legislation they vow to enact if it succeeds. That legislation purports to prohibit insurers from discriminating against people with pre-existing conditions, but it is poorly drafted. Its text requires insurers to cover people without regard to their health status, but does not appear to require the insurers to cover the conditions for which the patients need treatment.
Republicans are on stronger ground defending their previous legislative record, or would be if more of them were conversant with the issues. There, the key item of contention is a part of the House Republican bill that would have let states apply for waivers from Obamacare’s regulations. In states with waivers, insurers would have been allowed to charge higher premiums to people who went without insurance, got sick and then tried to sign up.